Geraghty v. Kilroy
Supreme Court of Minnesota
James F. Geraghty presented the last will and testament of James Tierney, deceased, to the probate court for Dakota county and it was admitted to probate. Deborah Kilroy, Inez L. Riggles and Winnifred M. Shine appealed from the probate court to the district court, and the appeal was heard before Crosby, J., who made findings and affirmed the order and judgment of the probate court.
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James F. Geraghty presented the last will and testament of James Tierney, deceased, to the probate court for Dakota county and it was admitted to probate. Deborah Kilroy, Inez L. Riggles and Winnifred M. Shine appealed from the probate court to the district court, and the appeal was heard before Crosby, J., who made findings and affirmed the order and judgment of the probate court. A motion of contestants' to set aside the order of the district court and to enter judgment in their favor was denied. From the judgment entered thereon contestants appealed.
1Opinion of the CourtStart, C. J.
Appeal from the judgment of the district court of the county of Dakota, affirming the judgment of the probate court allowing the pro*287posed will of James Tierney, deceased, as his last will, and admitting the same to probate.
1. The first claim of the appellants is that the will was not signed as required by the statute. There is little, if any, dispute in the evidence as to the facts.
The testator, on October 22, 1906, the date of the proposed will, was a retired farmer living in the village of Rosemount. He was some eighty four years of age and unable to write. He then had no wife, nor…
2Cases cited7 opinions
- Tobin v. HaackSupreme Court of Minnesota · 1900
- Bowers v. SchulerSupreme Court of Minnesota · 1893
- In re the Last Will of GuilfoyleCalifornia Supreme Court · 1892
- In re Holt's WillSupreme Court of Minnesota · 1893
- Waite v. FrisbieSupreme Court of Minnesota · 1891
2 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- In Re Estate of OlsonSupreme Court of Minnesota · 1929
- Exsted v. ExstedSupreme Court of Minnesota · 1938
- Burmeister v. GustSupreme Court of Minnesota · 1912
- Ehmke v. HillSupreme Court of Minnesota · 1952
- Hayden v. HaydenNebraska Supreme Court · 1922
14 more not listed; retrieve them via the Exa API.