Legal Opinion

Coates v. Semper

Supreme Court of Minnesota

Decided February 13, 1901No. Nos. 12,464—(236)PublishedCited by 15 opinions

From an order of the probate court for Benton county, admitting to probate an instrument proposed by William Semper as the will of Fanny Semper, deceased, Joseph H. Coates and others appealed to the district court for that county. In the district court the appeal was tried before Baxter, J., who found in favor of proponent. From an order denying a motion for a new trial, the contestants appealed.

1Opinion of the CourtLovely, J.

Fanny Semper died testate in March, 1896. Her will was duly proposed and admitted to probate. Appeal was taken to the district .court, where the will was contested upon the ground that the same was not properly executed, and that testatrix was not mentally competent and possessed of the testamentary capacity requisite in such cases. Upon the trial of the cause the district court made specific findings of fact and law to the effect that the testatrix was possessed of sufficient testamentary capacity to execute the will, also that the instrument presented was her last will and testament, and…

2Cases cited1 opinion

  1. In re the Probate of the Will of LaymanSupreme Court of Minnesota · 1889

3Cited by15 opinions

  1. In Re the Probate of the Will of CunnionNew York Court of Appeals · 1911
  2. Phillips v. ChaseMassachusetts Supreme Judicial Court · 1909
  3. In re Young's EstateUtah Supreme Court · 1908
  4. In re Downing's WillWisconsin Supreme Court · 1903
  5. Calich v. Consul of the KingdomSupreme Court of Minnesota · 1943

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