Appleby v. Estates of Appleby
Supreme Court of Minnesota
T. E- W. Villiers Appleby appealed from a final decree of distribution of the probate court of Ramsey county in the matter of the estates of Cornelia Day Wilder Appleby and Fannie S. Wilder to the district court for Ramsey county, where the judgment of the probate court was substantially affirmed. From an order of Hallam, J., before whom the appeal was tried, denying a motion for a new trial, an appeal was taken to the supreme court.
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T. E- W. Villiers Appleby appealed from a final decree of distribution of the probate court of Ramsey county in the matter of the estates of Cornelia Day Wilder Appleby and Fannie S. Wilder to the district court for Ramsey county, where the judgment of the probate court was substantially affirmed. From an order of Hallam, J., before whom the appeal was tried, denying a motion for a new trial, an appeal was taken to the supreme court. The antenuptial contract was void because it tended unreasonably to restrain appellant’s second marriage in case of his wife’s death, and was consequently…
1Opinion of the CourtBrown, J.
Cornelia Day Wilder Appleby died in January, 1903, leaving what-purported to be her last will and testament. It was presented to 'the probate court of Ramsey county for allowance, was duly proved and: allowed, and a final decree of distribution of her estate entered in accordance with its terms and provisions. Dr. T. E. W. Villiers Apple-by, her surviving husband, appealed therefrom to the district court,., where the decree of the probate court was in all substantial respects affirmed. He then appealed to this court from an order of that court, denying his motion for a new trial.
Amherst H.…
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