Wilson v. Welles
Supreme Court of Minnesota
Action in the district court for- Hennepin county by Joseph P. Wilson and Charles A. Gilman against Catherine J. Welles and another, as executrices of the will of Henry T. Welles, deceased, to recover $13,460 and interest, on an express trust declared by decedent.
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Action in the district court for- Hennepin county by Joseph P. Wilson and Charles A. Gilman against Catherine J. Welles and another, as executrices of the will of Henry T. Welles, deceased, to recover $13,460 and interest, on an express trust declared by decedent. The case was tried before Elliott, J., who made findings of fact, and as conclusion of law found that plaintiffs were entitled to an accounting, and that, in stating the account defendants should be credited with certain sums and charged with other sums. From an order denying a motion for a new trial, defendants appealed.
1Opinion of the Court
BROWN, X
This is an. appeal from an order denying appellants’ motion for a new trial. Some time in 1872, the plaintiffs Gilman and Wilson and Henry T. Welles, now deceased, entered into a written contract or agreement in the words and figures following, omitting the description of the lands, to wit:
“This is to certify that I have this day sold to Chas. A. Gilman and J. P. Wilson 12 pieces of Chippewa half-breed scrip of 80 acres, each, making 960 acres, and numbered as follows, viz. 149, 256, 217, 181, 262, 224, 221, 187, 240, 182, 279, and 221, at $2.50 per acre, amounting to $2,400, with…
2Cases cited3 opinions
- Thomas v. MerryIndiana Supreme Court · 1888
- Chicago & Eastern Illinois Railroad v. HayIllinois Supreme Court · 1887
- Smith v. GloverSupreme Court of Minnesota · 1890
3Cited by8 opinions
- In Re Estate of BurtonSupreme Court of Minnesota · 1939
- Jones v. HammondSupreme Court of Minnesota · 1926
- Lamberton v. YoumansSupreme Court of Minnesota · 1901
- Johnston v. JohnstonSupreme Court of Minnesota · 1909
- Hoch v. Duluth Brewing & Malting Co.Supreme Court of Minnesota · 1928
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