Alexander v. Edgerly
Supreme Court of Minnesota
Appeal by plaintiffs from a judgment of the district court for Ramsey county, O. B. Lewis, J. Where a status, such as marriage, is once established, it is presumed to continue until the contrary is proven. Summerhill v. Darrow (Tex.) 57 S. W. 942; Inhabitants of North Brookfield v. Inhabitants, 16 Gray (Mass.) 174; Bradner, Ev.
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Appeal by plaintiffs from a judgment of the district court for Ramsey county, O. B. Lewis, J. Where a status, such as marriage, is once established, it is presumed to continue until the contrary is proven. Summerhill v. Darrow (Tex.) 57 S. W. 942; Inhabitants of North Brookfield v. Inhabitants, 16 Gray (Mass.) 174; Bradner, Ev. (2d Ed.) 426, 427, §§ 15, 16; Tuttle v. Wood, 115 Iowa, 507. To overcome the presumption of such continuance in favor of the presumption of innocence there must be something based upon the acts and conduct of both parties inconsistent with the marriage relation. Ellis…
1Opinion of the CourtBrown, J.
Appeal from a Judgment of the district court of Ramsey county reversing the final decree of the probate court of that county in the matter of the estate of William R. Edgerly, deceased.
The facts, as found by the trial court, are as follows: William R. Edgerly, a resident of Ramsey county, died therein on May 7, 1888, being then the owner of certain real property situated in the city of St. Paul. He died leaving a last will and testament, which was duly allowed and admitted to probate in said county in August, 1888. By this will he gave practically all his property to his executors in trust,…
2Cases cited2 opinions
- Edgerly v. AlexanderSupreme Court of Minnesota · 1900
- Lougee v. BraySupreme Court of Minnesota · 1890