In re the Probate of the Will of Cunningham
Supreme Court of Minnesota
Appeal by Bobert F. Cunningham, the executor and proponent of the will of Bobert Cunningham, from a judgment of the district court for Olmsted county, where the action was tried by Start, J., without a jury, and the decree of the probate court, admitting the will to probate, was reversed.
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Appeal by Bobert F. Cunningham, the executor and proponent of the will of Bobert Cunningham, from a judgment of the district court for Olmsted county, where the action was tried by Start, J., without a jury, and the decree of the probate court, admitting the will to probate, was reversed. It is not competent to prove the contents of a second will, or the revoking clause thereof, for the purpose of revoking the first one, until the revoking will has been presented to the proper probate court and been duly allowed. Laughton v. Atkins, 1 Pick. 535; Bayley v. Bailey, 5 Cush. 245; Wallis v.…
1Opinion of the CourtDickinson, J.
A will of Eobert Cunningham, executed in 1877, having been offered for probate in the probate court of Olmsted county, was, upon proper proceedings in that court, allowed as the last will and testament of the deceased. The contestants, Eachel C. Somerville and others, who had opposed the probate of the will, appealed to the district court. Upon the trial of the appeal in that court, after the proponent had shown the execution of the will, the contestants introduced evidence,- which was received against the proponent’s objections, of the execution of a later will, executed in 1884, and…
2Cases cited9 opinions
- Nelson v. McGiffertNew York Court of Chancery · 1848
- Wallis v. WallisMassachusetts Supreme Judicial Court · 1874
- Stevens v. HopeMichigan Supreme Court · 1883
- James v. MarvinSupreme Court of Connecticut · 1821
- Sewall v. RobbinsMassachusetts Supreme Judicial Court · 1885
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