Legal Opinion

Nelson v. Olson

Supreme Court of Minnesota

Decided May 28, 1909No. Nos. 16,108—(112)PublishedCited by 7 opinions

Action in the district court for Kandiyohi county by the executor of the last will and testament of Christine Englund, deceased, to recover $5,700 belonging to the estate of decedent and in the possession of defendant. The answer set up the gifts mentioned in the opinion.

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Action in the district court for Kandiyohi county by the executor of the last will and testament of Christine Englund, deceased, to recover $5,700 belonging to the estate of decedent and in the possession of defendant. The answer set up the gifts mentioned in the opinion. The case was tried before Qvale, X, and a jury which returned a verdict in favor of plaintiff for $712.73. Erom an order denying plaintiff’s motion for judgment in his behalf for the sum of $5,712.73 notwithstanding the verdict or for a new trial, he appealed.

1Opinion of the Court

Lewis, X

This action was commenced by the executor of the last will and testament of Christine Englund to recover from respondent the amount of $5,700, alleged to belong to her estate. The will was executed January 14, 1908, and her entire property, subject to certain special bequests, was bequeathed .to her five sisters, with the declaration that her husband was intentionally omitted from the provisions of the will. Her property consisted principally of a farm, which, subsequent to the execution of the will, was sold, and $5,000 *111of the proceeds was deposited in a local bank by the real estate…

2Cases cited5 opinions

  1. Varley v. SimsSupreme Court of Minnesota · 1907
  2. Bowers v. SchulerSupreme Court of Minnesota · 1893
  3. Murphy v. BordwellSupreme Court of Minnesota · 1901
  4. Bickford v. MattocksSupreme Judicial Court of Maine · 1901
  5. Winslow v. McHenrySupreme Court of Minnesota · 1904

3Cited by7 opinions

  1. Wright v. Federal Life Ins.Texas Commission of Appeals · 1923
  2. Ehmke v. HillSupreme Court of Minnesota · 1952
  3. Larkin v. McCabeSupreme Court of Minnesota · 1941
  4. Drager v. SeegertSupreme Court of Minnesota · 1917
  5. Kamrath v. HodgesNebraska Supreme Court · 1925

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