Legal Opinion

Estate of Olson v. Johnson

Supreme Court of Minnesota

Decided January 21, 1921No. 22,109PublishedCited by 6 opinions

Frank O. Tidholm petitioned the probate court for Hennepin, county for the allowance of the last will and testament of Petronella Olson, deceased. Andrew Johnson filed objections to the allowance of the will. From the order of the probate court, Dahl, J., admitting the will to probate, contestant appealed to the district court for that county. The appeal was heard before Jelley, J., who made findings and affirmed the order of the probate court.

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Frank O. Tidholm petitioned the probate court for Hennepin, county for the allowance of the last will and testament of Petronella Olson, deceased. Andrew Johnson filed objections to the allowance of the will. From the order of the probate court, Dahl, J., admitting the will to probate, contestant appealed to the district court for that county. The appeal was heard before Jelley, J., who made findings and affirmed the order of the probate court. From an order denying his motion to amend the findings or for a new trial, contestant appealed.

1Opinion of the Court

Lees, C.

This is a will contest, brought here by an appeal from an order of the district court denying contestant’s motion for a new trial after findings had been made in favor of proponent. The grounds of contestant’s *123objections to the will were that it had not been duly executed, that the testatrix was not of sound mind, and that the execution of the will had been procured by the exercise of undue influence.

Testatrix was a childless widow, 66 years old, and contestant is her only brother. She lived in Minneapolis and he in Superior, Wisconsin. The husband of testatrix died several years…

2Cases cited3 opinions

  1. Fraser v. JennisonMichigan Supreme Court · 1879
  2. Church of St. Vincent De Paul v. BrannanSupreme Court of Minnesota · 1906
  3. Clarke v. Philadelphia & Reading Coal & Iron Co.Supreme Court of Minnesota · 1904

3Cited by6 opinions

  1. In Re Estate of CrosbySupreme Court of Minnesota · 1944
  2. State v. GreenSupreme Court of Minnesota · 1922
  3. Tracy H. v. HenriksenSupreme Court of Minnesota · 1942
  4. Bystrom v. PalmerSupreme Court of Minnesota · 1953
  5. Sullivan v. BrownSupreme Court of Minnesota · 1948

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