Faloon v. Flannery
Supreme Court of Minnesota
Action in the district court for Sibley county to partition certain real estate. The cause was tried before Cadwell, J., without a jury, and the court found that defendant Frank Flannery was the owner in fee of the premises. From an order denying plaintiff’s motion for a new trial, she appealed. The will confers upon the trustee of the power no power to distribute the real estate in such manner or proportion as she may think proper.
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Action in the district court for Sibley county to partition certain real estate. The cause was tried before Cadwell, J., without a jury, and the court found that defendant Frank Flannery was the owner in fee of the premises. From an order denying plaintiff’s motion for a new trial, she appealed. The will confers upon the trustee of the power no power to distribute the real estate in such manner or proportion as she may think proper. The will further provides that the real estate shall be divided between the children “to the best advantage.” To the best advantage of whom? The children. An…
1Opinion of the CourtCanty, J.
This action was brought to partition the land in question, plaintiff claiming to be the owner of the undivided one-seventh of it, and defendant Frank Flannery claiming to be the owner of the whole of it. The trial court found for defendant, and, from an order denying a new trial, plaintiff appeals.
Plaintiff’s father, at the time of his death, in September, 1874, was the owner of the land. He left a will, which, so far as here material, reads as follows:
“First. After all my lawful debts are paid and discharged, the residue of my real estate and personal I give and bequeath and dispose of as…
2Cases cited2 opinions
- Tidd v. RinesSupreme Court of Minnesota · 1879
- Thrasher v. BallardWest Virginia Supreme Court · 1891
3Cited by6 opinions
- Security-First National Bank v. GreenCalifornia Court of Appeal · 1935
- Bengtson v. SetterbergSupreme Court of Minnesota · 1949
- Moore v. EmerySupreme Judicial Court of Maine · 1941
- Long v. WillseySupreme Court of Minnesota · 1916
- In Re Estate of TurleSupreme Court of Minnesota · 1932
1 more not listed; retrieve them via the Exa API.