Legal Opinion

Merriam v. Wagener

Supreme Court of Minnesota

Decided November 14, 1898No. Nos. 11,256—(94)PublishedCited by 10 opinions

Action in the district court for Ramsey county to set aside an attachment and to restrain defendant from proceeding thereunder.

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Action in the district court for Ramsey county to set aside an attachment and to restrain defendant from proceeding thereunder. The case was tried before Bunn, J., who found as facts, among other things, that defendant, as sheriff, under a writ of attachment duly levied upon and attached all the right, title and interest of Robert H. Merriam in or to certain shares of stock, being part of the.securities held by plaintiffs as trustees for the purposes which are stated in the opinion; that defendant still held and claimed the right to hold the interest so levied upon under said writ to respond…

1Opinion of the CourtMitchell, J.

John L. Merriam, by his last will and testament, gave and bequeathed to his wife, Helen M. Merriam,

“An annual allowance of the sum of eight thousand dollars per year for and during her natural life, and which said annuity shall be provided for and paid over in the manner following; that is to say: My executors shall set apart from or provide out of my estate such interest or dividend-bearing securities as shall be sufficient to produce a certain annual net income of at least $8,000 per year, and which said net income they shall collect, and pay over to my said wife therefrom the sum of $8,000…

2Cases cited1 opinion

  1. Ricketson v. MerrillMassachusetts Supreme Judicial Court · 1888

3Cited by10 opinions

  1. Bush v. CrowtherSupreme Court of Minnesota · 1957
  2. Van Dyke v. First National BankSupreme Court of Minnesota · 1951
  3. In Re Declaration of Trust by BushSupreme Court of Minnesota · 1957
  4. First and American National Bank v. HigginsSupreme Court of Minnesota · 1940
  5. In Re Trust Created by MoultonSupreme Court of Minnesota · 1951

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