Cunningham v. Cunningham
Supreme Court of Minnesota
Petition in the probate court for Olmsted county by Emery H. Cunningham that an instrument purporting to be the last will and testament of Robert F. Cunningham, deceased, wherein petitioner was named as executor, be admitted to probate. Robert J. Cunningham and others filed objections, and from an order admitting the will to probate, appealed to the district court for said county. In the district court the case was tried before Snow, J., who found in favor of proponent.
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Petition in the probate court for Olmsted county by Emery H. Cunningham that an instrument purporting to be the last will and testament of Robert F. Cunningham, deceased, wherein petitioner was named as executor, be admitted to probate. Robert J. Cunningham and others filed objections, and from an order admitting the will to probate, appealed to the district court for said county. In the district court the case was tried before Snow, J., who found in favor of proponent. From a judgment entered pursuant to the findings and affirming the order of the probate court, contestants appealed to the…
1Opinion of the CourtCollins, J.
G. S. 1894, § 4426, provides:
“No will, except such nuncupative wills as are hereinafter mentioned, shall be effectual to pass any estate, real or personal, or to change or in any way affect the same, unless it is in writing, and signed at the end thereof by the testator, or by some person in his presence and by his express direction, and attested and subscribed in his presence by two or more competent witnesses.”
*183And the only question in issue on this appeal is whether the alleged will was attested and subscribed in the presence of the testator, Cunningham, by the two persons whose names were…
2Cases cited3 opinions
- Drury v. ConnellIllinois Supreme Court · 1898
- Cook v. WinchesterMichigan Supreme Court · 1890
- Riggs v. RiggsMassachusetts Supreme Judicial Court · 1883
3Cited by11 opinions
- Church of St. Vincent De Paul v. BrannanSupreme Court of Minnesota · 1906
- Moore v. GloverSupreme Court of Oklahoma · 1945
- Larsen v. BjerkeSupreme Court of Minnesota · 1962
- In Re Demaris' EstateOregon Supreme Court · 1940
- In Re Estate of HoldenSupreme Court of Minnesota · 1962
6 more not listed; retrieve them via the Exa API.