Legal Opinion

Baxter v. Baxter

Supreme Court of Minnesota

Decided February 9, 1917No. Nos. 20,145—(247)PublishedCited by 9 opinions

Emma M. Baxter, an executrix named therein, deposited with the probate court for Hennepin county the last will and testament of Stephen H. Baxter, deceased, and petitioned for its allowance. Brinton C. Baxter, a nephew of decedent, filed objections. From an order, Dahl, J., allowing the will, Brinton O. Baxter appealed to the district court for Hennepin' county.

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Emma M. Baxter, an executrix named therein, deposited with the probate court for Hennepin county the last will and testament of Stephen H. Baxter, deceased, and petitioned for its allowance. Brinton C. Baxter, a nephew of decedent, filed objections. From an order, Dahl, J., allowing the will, Brinton O. Baxter appealed to the district court for Hennepin' county. The appeal was heard by Waite, J., who made findings and incorporated therein the affirmative answer of the jury to the question stated in the first paragraph of the opinion, and affirmed the decision of the probate court. From an…

1Opinion of the CourtHolt, J.

An instrument, Exhibit A, purporting to be the last will and testament of Stephen H. Baxter, deceased, was presented to the probate court of Hennepin county and was found to be his duly executed and attested last will. An appeal was taken to the district court. A special verdict was there rendered answering in the affirmative this question: “Was the instrument, Exhibit A, signed by Stephen H. Baxter, and attested and subscribed in his presence by two competent witnesses ?” Thereupon the court made findings embodying the special verdict; and also finding that the testator was of sound mind and…

2Cases cited8 opinions

  1. Flood v. PragoffCourt of Appeals of Kentucky · 1881
  2. Tobin v. HaackSupreme Court of Minnesota · 1900
  3. Allen v. GriffinWisconsin Supreme Court · 1887
  4. Will of MeurerWisconsin Supreme Court · 1878
  5. Geraghty v. KilroySupreme Court of Minnesota · 1908

3 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. O'Keefe v. MurphySupreme Court of Minnesota · 1964
  2. In Re Estate of MurphySupreme Court of Minnesota · 1964
  3. Larsen v. BjerkeSupreme Court of Minnesota · 1962
  4. In Re Estate of HoldenSupreme Court of Minnesota · 1962
  5. Lott v. LottSupreme Court of Minnesota · 1928

4 more not listed; retrieve them via the Exa API.

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