Legal Opinion

In re the Estate of Kittson

Supreme Court of Minnesota

Decided January 9, 1891PublishedCited by 5 opinions

Appeal by the St. Paul Trust Company, executor of the last will of Norman W. Kittson, (who died May 10,1888,) from an order of the district court for Kamsey county, Brill, J., presiding, affirming an order of the probate court denying the petition of the executor for a decree of distribution.

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Appeal by the St. Paul Trust Company, executor of the last will of Norman W. Kittson, (who died May 10,1888,) from an order of the district court for Kamsey county, Brill, J., presiding, affirming an order of the probate court denying the petition of the executor for a decree of distribution. The suit of Farley v. Kittson, mentioned in the petition and the opinion, was a bill in equity for an account and to recover a share of the profits accrued under a contract alleged by plaintiff and denied by the defendants. The district court placed its decision on the ground that by Gen. St. 1878, c.…

1Opinion of the CourtCollins, J.

While an action was pending-in the United States circuit court for the district of Minnesota, brought to recover several million dollars, in which one J. P. Farley, a citizen of Iowa, was plaintiff, and J. J. Hill, the St. Paul, Minneapolis & Manitoba Railway Company, and Norman W. Kittson, all citizens of this state, were defendants, the latter died testate. The appellant, a corporation, was appointed sole executor of the last will and testament of the deceased, and was thereafter duly substituted in his stead as,a defendant in the pending action, which was tried upon its merits, and…

2Cases cited2 opinions

  1. Simon v. MannSupreme Court of Minnesota · 1885
  2. Commercial Bank v. SlaterSupreme Court of Minnesota · 1874

3Cited by5 opinions

  1. In Re Estate of ColtonCalifornia Supreme Court · 1912
  2. Dunn v. LindseyNew Mexico Supreme Court · 1961
  3. Whitney v. PinneySupreme Court of Minnesota · 1892
  4. State Ex Rel. Murphy v. District CourtWyoming Supreme Court · 1928
  5. Untitled Texas Attorney General Opinion, Texas Attorney General Reports1961

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