Wherley v. Rowe
Supreme Court of Minnesota
Action in the district court for Sibley county by Frederick, one of the sons of Peter Wherley, Sr., deceased, against the widow, the executrix and the children of his brother Peter, deceased, and the second husband of the widow, to have a lien, on certain land, created by the will of his father and decreed by the probate court, adjudged to be paid in full and discharged of record. The facts are stated in the opinion.
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Action in the district court for Sibley county by Frederick, one of the sons of Peter Wherley, Sr., deceased, against the widow, the executrix and the children of his brother Peter, deceased, and the second husband of the widow, to have a lien, on certain land, created by the will of his father and decreed by the probate court, adjudged to be paid in full and discharged of record. The facts are stated in the opinion. The case was tried before Morrison, J., who in amended findings found that Dennis Wherley had fully paid his share of the legacy to his brother Peter, that there was due from…
1Opinion of the CourtBrown, J.
Peter Wherley, Sr., made and duly executed in his lifetime his last will and testament, by which, among other things, he devised certain land owned by him to his three sons, Frederick, Dennis, and Martin, subject to the payment by them of a legacy of $1,200 to the fourth son, Peter Wherley, Jr. In September, 1889, the senior Wherley died. His will was duly admitted to probate, and a final decree entered in accordance with its terms, assigning the real estate to the sons named, subject to the payment of the legacy, which was declared a specific lien upon the land. A copy of the decree was…
2Cases cited12 opinions
- Tanner v. MerrillMichigan Supreme Court · 1895
- Marion v. HeimbachSupreme Court of Minnesota · 1895
- Demeules v. Jewel Tea Co.Supreme Court of Minnesota · 1908
- Riley v. . Mayor, Etc., of N.Y.New York Court of Appeals · 1884
- Ness v. Minnesota & Colorado Co.Supreme Court of Minnesota · 1902
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3Cited by4 opinions
- Schultz v. Farmers Elevator Co.Supreme Court of Iowa · 1916
- Ferguson v. Grand Lodge of Iowa Legion of HonorSupreme Court of Iowa · 1916
- CrockettSupreme Judicial Court of Maine · 1931
- Breitenbach v. GerlachWisconsin Supreme Court · 1965