Yates v. Shern
Supreme Court of Minnesota
Lafayette Woodward died testate, a resident of Minneapolis, leaving property but no kin other than first cousins and descendants of first cousins. His will was duly proved in the probate court for Hennepin county and letters testamentary were issued to George W. Yates, named as executor. The executor having-petitioned for a decree of partial distribution of the estate the probate court made its decree, construing the will and directing distribution accordingly.
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Lafayette Woodward died testate, a resident of Minneapolis, leaving property but no kin other than first cousins and descendants of first cousins. His will was duly proved in the probate court for Hennepin county and letters testamentary were issued to George W. Yates, named as executor. The executor having-petitioned for a decree of partial distribution of the estate the probate court made its decree, construing the will and directing distribution accordingly. Whereupon Minerva Shern, and others, grandchildren and great-grandchildren of deceased first cousins of testator, who by the decree…
1Opinion of the CourtCollins, J.
This case comes before the court on appeal from the district court of Hennepin county, to which it had been removed from the *163probate court. While the appeal calls for a general construction of a last will and testament, there is, in fact, but a single provision concerning which there is any controversy between the parties, and this is the residuary clause contained therein, as follows:
“All the rest, residue, and remainder of my estate, real, personal, and mixed, of which I shall die seised, wheresoever situated, I give, devise, and bequeath to the same persons and in the same proportions as…
2Cases cited2 opinions
- Mowatt v. CarowNew York Court of Chancery · 1838
- In re Swenson's EstateSupreme Court of Minnesota · 1893
3Cited by24 opinions
- In re the Trusteeship under the Last Will & Testament of BellSupreme Court of Minnesota · 1920
- Savela v. EricksonSupreme Court of Minnesota · 1917
- Buck v. HuntleySupreme Court of Minnesota · 1922
- Anderson v. WilsonSupreme Court of Iowa · 1912
- Johnson v. HelmerOregon Supreme Court · 1921
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