Hayes v. Fridge

By the WHOLE COURT.

ST. PAUL, J.

This is a petitory action. Plaintiffs are the brothers and sisters of William Hayes, who died intestate on May 31, 1910, leaving neither ascendants nor descendants, and owning the land in controversy.

On that day the law of this state was that when a person died intestate, leaving neither ascendants nor descendants, his brothers and sisters inherited the property left by him, but subject to his wife’s interest in and usufruct on community property. Rev. Oiv. Code of 1870, arts. 912, 915. (This has since been changed. Act 57 of 1910, p. 93; Act 80 of 1916, p. 201.)