Wellner v. Eckstein
Supreme Court of Minnesota
Action in the district court for Nicollet county by the minor chil-l dren of John Wellner, deceased, by their guardian, to secure a de-l cree adjudging that defendants hold the legal title to the land ini dispute as trustees ex malefirio for the benefit of the plaintiffs, and| that plaintiffs are the owners thereof, one of the grantors of the defendants, the mother of the plaintiffs, having murdered her husbandl to acquire title to the real estate involved.
Read the full summary
Action in the district court for Nicollet county by the minor chil-l dren of John Wellner, deceased, by their guardian, to secure a de-l cree adjudging that defendants hold the legal title to the land ini dispute as trustees ex malefirio for the benefit of the plaintiffs, and| that plaintiffs are the owners thereof, one of the grantors of the defendants, the mother of the plaintiffs, having murdered her husbandl to acquire title to the real estate involved. From an order, Olsen J., sustaining a demurrer to the complaint on the ground that the facts were not sufficient to constitute a cause of…
1Concurrence
.■START, C. J.
I concur in the conclusion that the order appealed from must be affirmed solely for the reasons following: *448ficial interest in the land of her deceased husband ever vest in Emelie Wellner, by reason of the fact that, she was his wife and that he died intestate, having been feloniously murdered by her, leaving her his surviving widow? A determination of the question involves a construction of the statutes of the state relating to the descent and distribution of the property of intestates, the effect of the final decree of the probate court assigning to the widow the use of the…
2Cases cited21 opinions
- Riggs v. . PalmerNew York Court of Appeals · 1889
- Carpenter's EstateSupreme Court of Pennsylvania · 1895
- State ex rel. Utick v. Board of County CommissionersSupreme Court of Minnesota · 1902
- Shellenberger v. RansomNebraska Supreme Court · 1894
- Ellerson v. . WestcottNew York Court of Appeals · 1896
16 more not listed; retrieve them via the Exa API.