Timm v. Brauch
Supreme Court of Minnesota
Rudolph Malchow:petitioned the probate court for Jackson county to admit to probate the last will and testament of Friedrich Malchow, deceased. Annie Timm, an heir at law and daughter of decedent, filed objections to the validity of the will. From the order of the probate court admitting the will to probate, Annie Timm appealed to the district court for that county.
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Rudolph Malchow:petitioned the probate court for Jackson county to admit to probate the last will and testament of Friedrich Malchow, deceased. Annie Timm, an heir at law and daughter of decedent, filed objections to the validity of the will. From the order of the probate court admitting the will to probate, Annie Timm appealed to the district court for that county. From an order of the district court, Quinn, J., dismissing the appeal to the district court, Annie Timm appealed.
1Opinion of the CourtHolt, J.
The appeal is from an order dismissing the appeal taken from the order of the probate court admitting a will to probate. The ground of *21dismissal was that such appeal was not taken within 30 days after notice, to appellant, of the order of the probate court.
It is the contention of respondent that since appellant and her attorney were present in the probate court and participated in the trial, at the conclusion of which the court announced the decision which he subsequently, on the same day, reduced to writing and filed, there was actual notice of the same and the time for taking an appeal at…
2Cases cited3 opinions
- Knutsen v. KrookSupreme Court of Minnesota · 1910
- Pearson v. LovejoyNew York Supreme Court · 1866
- Sheeran v. SheeranSupreme Court of Minnesota · 1905
3Cited by12 opinions
- State Ex Rel. Kruse v. WebsterSupreme Court of Minnesota · 1950
- In Re Estate of NelsonSupreme Court of Minnesota · 1930
- State Ex Rel. Driscoll v. EnersenSupreme Court of Minnesota · 1931
- In Re Estate of JeffersonSupreme Court of Minnesota · 1926
- Industrial Loan Thrift Corporation v. SwansonSupreme Court of Minnesota · 1947
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