Legal Opinion

Hayden v. Lamberton

Supreme Court of Minnesota

Decided March 22, 1907No. Nos. 14,950—(161)PublishedCited by 2 opinions

In the matter of the estate of Thomas T. Hayden, deceased, respondents appealed from the final decree of the probate court of Wi-nona county to the district court for Winona county. The appeal •was tried before Snow, J., who found in favor of respondents. From a judgment entered pursuant to the findings, R. T. Lamberton, as administrator, and Julia Nicol appealed.

1Opinion of the Court

•JAGGARD, J.

This appeal is from a judgment entered in the district court of Wi-nona county, based on an order of the trial court construing the probate code of Minnesota in relation to the distribution of the personal estate of deceased persons, as amended by chapter 334, p. 581, of the Laws -of 1903. That order held that prior to the taking effect of Revised Laws 1905, a childless spouse had the right to dispose of his personal estate by will, subject to the allowances to his widow especially provided for in subdivision 1 of section 70 of the probate code (Laws 1889, p. 108, c. 46). The…

2Cases cited3 opinions

  1. State ex rel. Percy v. HuntSupreme Court of Minnesota · 1903
  2. Sorenson v. CareySupreme Court of Minnesota · 1905
  3. Johnson v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1905

3Cited by2 opinions

  1. LaBere v. PalmerSupreme Court of Minnesota · 1950
  2. Hentges v. HoyeSupreme Court of Minnesota · 1924

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