State Ex Rel. Seifert v. Smith

Nelson, Justice.

This is an appeal from an order of the Cottonwood County District Court denying relators’ motion for amended findings or for a new trial. It involves the interpretation of a paragraph of the last will of John E. Esser, decedent, which reads as follows:

“Sixth: I direct that my executor and executrix employ Seifert, Johnson & Hand, Fairmont, Minnesota, as attorneys in the probating of this estate.”

The probate court refused to direct the executor and executrix to comply with this provision, and relators brought' certiorari in the district court, claiming that where testator in…