Legal Opinion

St. Paul Trust Co. v. Finch

Supreme Court of Minnesota

Decided January 20, 1893PublishedCited by 3 opinions

Appeal by plaintiff, the St. Paul Trust Company, as executor of the will of Norman W. Kittson, deceased, from an order of the District Court of Eamsey County, Otis, J., made September 24, 1892, denying its motion for a new trial. The plaintiff is a corporation authorized by statute to act as executor of wills. Norman W. Kittson died^ testate May 10, 1888, and plaintiff was duly appointed executor of his will.

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Appeal by plaintiff, the St. Paul Trust Company, as executor of the will of Norman W. Kittson, deceased, from an order of the District Court of Eamsey County, Otis, J., made September 24, 1892, denying its motion for a new trial. The plaintiff is a corporation authorized by statute to act as executor of wills. Norman W. Kittson died^ testate May 10, 1888, and plaintiff was duly appointed executor of his will. On November 29, 1887, Kittson entered into a contract for a limited partnership under the firm name of Finch, Yan Slyck & Co. to carry on mercantile business at St. Paul, in which he and…

1Opinion of the CourtMitchell, J.

The limited partnership of Finch, Yan Slyck & Co. was composed of the defendants (other than Auerbach) as general partners, and of Auerbach and Kittson, plaintiff’s testate, as special partners. Of the capital, Kittson furnished $200,000, and Auerbach $100,000, and the general partners the remainder. The partnership was to commence January 1, 1888, and to end December 81, 1890; and it was provided that if either Kittson or Auerbach should die before December 31, 1890, the capital of the deceased should remain in the business until that date, and all the provisions of the articles of…

2Cited by3 opinions

  1. Riebel v. MuellerSupreme Court of Minnesota · 1929
  2. Ames v. AmesSupreme Court of Minnesota · 1910
  3. Child v. MastinSupreme Court of Minnesota · 1925

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