State ex rel. Kelly v. Probate Court of
Supreme Court of Minnesota
Writ of certiorari issued from tbe district court for Bamsey county to the probate court of that county to review an order made in the matter of the estate of Patrick Kelly, incompetent, denying his application for restoration to capacity. In the district court the case was tried before O. B. Lewis, J., who found in favor of relator and directed that the order be vacated and the proceedings remanded to the probate court for disposal.
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Writ of certiorari issued from tbe district court for Bamsey county to the probate court of that county to review an order made in the matter of the estate of Patrick Kelly, incompetent, denying his application for restoration to capacity. In the district court the case was tried before O. B. Lewis, J., who found in favor of relator and directed that the order be vacated and the proceedings remanded to the probate court for disposal. From a judgment entered as directed, St. Paul Trust Company, guardian, appealed.
1Opinion of the CourtBrown, J.
In 1898 respondent, Kelly, was, on the petition of his son, by reason of an insane and imperfect condition of his mental faculties, adjudged incompetent to have the charge and management of his property and affairs, and the St. Paul Trust Company was duly appointed his guardian. In March, 1900, one Webb, a friend of Kelly, filed a petition under G-. S. 1894, § 4553, asking therein that the ability and competency of Kelly to take charge of his business affairs be judicially determined, and that he be “restored *60to capacity.” After due hearing in the probate court, the prayer of the petition was…
2Cases cited6 opinions
- Johnson v. GillettIllinois Supreme Court · 1869
- Mitchell v. MayoIllinois Supreme Court · 1854
- Jameson v. BarberWisconsin Supreme Court · 1883
- Eastman v. St. Anthony Falls Water Power Co.Supreme Court of Minnesota · 1866
- Hinds v. American Express Co.Supreme Court of Minnesota · 1877
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Marty v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Supreme Court of Minnesota · 1888
- State Ex Rel. Anderson v. United States Veterans HospitalSupreme Court of Minnesota · 1964
- Webb v. LucasSupreme Court of Minnesota · 1914
- First Trust Co. of St. Paul v. McLeanSupreme Court of Minnesota · 1958
- In Re Estate of FirleSupreme Court of Minnesota · 1934
3 more not listed; retrieve them via the Exa API.