St. Paul Trust Co. v. Mintzer
Supreme Court of Minnesota
Appeal by plaintiff from an order of the district court for Ramsey county, Brill, J., sustaining a demurrer to the complaint. Plaintiff, as administrator with the will annexed, and under the tenth subdivision of the will, is entitled as against defendant to the possession of the real estate.
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Appeal by plaintiff from an order of the district court for Ramsey county, Brill, J., sustaining a demurrer to the complaint. Plaintiff, as administrator with the will annexed, and under the tenth subdivision of the will, is entitled as against defendant to the possession of the real estate. It may be conceded that an administrator could not be entitled to the reversion, against the life tenant; that in such case the heir at law, only, could obtain judgment of forfeiture and eviction for waste; and that an executor under a will, even if it contain a power of sale of the real estate, for the…
1Opinion of the CourtBuck, J.
William L. Mintzer died February 23, 1883, at the city of St. Paul, Minnesota, leaving a will, which was duly probated, and one John Jones, one of the executors named in the will, duly qualified as such, and entered upon the discharge of his duties, but he died about May 4, 1886, leaving the will unexecuted, and on or about June 11, 1886, this plaintiff was duly appointed by the probate court of Ramsey county as administrator de bonis non with the will annexed, and duly qualified and entered upon the discharge of its duties, and ever since has been, and now is, acting as such administrator.…
2Cases cited3 opinions
- Phelan v. BoylanWisconsin Supreme Court · 1870
- Stetson v. DaySupreme Judicial Court of Maine · 1863
- Thorn v. ColesNew York Court of Chancery · 1839
3Cited by15 opinions
- Beliveau v. BeliveauSupreme Court of Minnesota · 1944
- First Congregational Church v. TerrySupreme Court of Iowa · 1906
- Nordlund v. DahlgrenSupreme Court of Minnesota · 1915
- Abernethy v. OrtonOregon Supreme Court · 1903
- Booth v. BoothSupreme Court of Iowa · 1901
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