Erickson v. Robertson
Supreme Court of Minnesota
Petition to the probate court for Mower county to have set apart to petitioner for his life a certain tract of land as the homestead of his deceased wife. Prom an order denying the petition he appealed to the district court for that county.
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Petition to the probate court for Mower county to have set apart to petitioner for his life a certain tract of land as the homestead of his deceased wife. Prom an order denying the petition he appealed to the district court for that county. The appeal was tried before Kingsley, J., who made findings and as conclusions of law found that the consent of petitioner to the testamentary disposition of the homestead of his deceased wife, and to the terms and conditions of her will, was void, that petitioner never consented in writing to his wife’s will, and that the order of the probate court…
1Opinion of the Court
'Simpson, J.
The respondent, Hans L. Erickson, filed a petition in the probate «court of Mower county, asking that the homestead of his deceased wife be set apart and descend to him during his lifetime. The appellant here, administrator with the will annexed of the estate of Barbara Erickson, deceased, objected to such application, on the ground that Barbara Erickson, during her lifetime, had by will devised all her real property, including the homestead, to her children, that the respondent, in writing indorsed thereon, had consented to the execution of such will and the devising of the real…
2Cases cited4 opinions
- In re the last will & testament of RauschSupreme Court of Minnesota · 1886
- Jorgenson v. Minneapolis Threshing Machine Co.Supreme Court of Minnesota · 1896
- Phillips v. BlakerSupreme Court of Minnesota · 1897
- Betcher v. RinehartSupreme Court of Minnesota · 1908
3Cited by7 opinions
- State ex rel. Minnesota Loan & Trust Co. v. Probate CourtSupreme Court of Minnesota · 1915
- Aten v. TobiasSupreme Court of Kansas · 1923
- Levy v. DusenberyCalifornia Court of Appeal · 1916
- In Re Estate of PetersonSupreme Court of Minnesota · 1938
- Simmer v. Simmer, Jr.Supreme Court of Minnesota · 1935
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