Legal Opinion

Graham v. Burch

Supreme Court of Minnesota

Decided April 7, 1893PublishedCited by 2 opinions

Appeal by plaintiff, Mary Graham, from an order of the District Court of Bamsey County, Kelly, J., made September 24, 1892, denying her motion for a new trial. James Burns was on January 8, 1887, a widower and the owner of the northerly one hundred and twenty-five (125) feet in length of lot one (1) in block, fifty (50) in Dayton.& Irvine’s Addition to St. Bank The plaintiff, Mary Graham, and the defendant Bridget F. Burch were his children, and only heirs at law.

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Appeal by plaintiff, Mary Graham, from an order of the District Court of Bamsey County, Kelly, J., made September 24, 1892, denying her motion for a new trial. James Burns was on January 8, 1887, a widower and the owner of the northerly one hundred and twenty-five (125) feet in length of lot one (1) in block, fifty (50) in Dayton.& Irvine’s Addition to St. Bank The plaintiff, Mary Graham, and the defendant Bridget F. Burch were his children, and only heirs at law. On that day he made and published his last will and testament, and thereby devised the northerly seventy-five (75) feet in length…

1Opinion of the CourtVanderburgh, J.

The contest grows out of the attempted revocation of a will which was under consideration in Graham v. Burch, 47 Minn. 171, (49 N. W. Rep. 697.) It is sought by this action to charge defendant as trustee ex maleficio of' the plaintiff for that portion of the estate received by defendant, under the will attempted to be destroyed by the testator, which plaintiff would have been entitled to had he died intestate, on the ground that the revocation of the will was prevented by the fraudulent conduct of the defendant. The case must turn upon the effect to be given to certain findings of fact in…

2Cases cited1 opinion

  1. Graham v. BurchSupreme Court of Minnesota · 1891

3Cited by2 opinions

  1. Brazil v. SilvaCalifornia Supreme Court · 1919
  2. William J. Blakeley v. Mae BlakeleyCourt of Appeals for the Seventh Circuit · 1962

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