In re Schmidt's Estate
Supreme Court of Minnesota
Appeal by claimant, Anna Maria Schmidt, from an order of the District Court of Dakota County, F. M. Crosby, J., made September 2} 1893, denying her motion for a new trial. Gottfried Schmidt died testate March 26,1890. His will was contested, — Schmidt v. Schmidt, 47 Minn. 451, — but was sustained, and his estate was administered in the Probate Court of Dakota County.
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Appeal by claimant, Anna Maria Schmidt, from an order of the District Court of Dakota County, F. M. Crosby, J., made September 2} 1893, denying her motion for a new trial. Gottfried Schmidt died testate March 26,1890. His will was contested, — Schmidt v. Schmidt, 47 Minn. 451, — but was sustained, and his estate was administered in the Probate Court of Dakota County. His widow, Anna Maria Schmidt, presented in that court her claim against the estate for $2,820. It was disallowed and she appealed to the District Court. Pleadings were there framed pursuant to Laws 1889, ch. 46, § 260, and the…
1Opinion of the CourtMitchell, J.
This matter came up to the District Court on appeal from an order of the Probate Court disallowing appellant’s claim against the estate of her deceased husband for rents of her real estate collected by him in his lifetime. On the trial in the District Court the evidence showed, substantially, the following state of facts: The appellant and the deceased were married in 1853, and lived together as husband and wife until' his death, in 1890. About 18 years before his death, the husband bought a lot for $500, (taking the title in his wife’s name,) and afterwards erected a house on it, at a cost…
2Cases cited3 opinions
- McNally v. WeldSupreme Court of Minnesota · 1883
- Chadbourn v. WilliamsSupreme Court of Minnesota · 1891
- Estate of HauerSupreme Court of Pennsylvania · 1891
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- Thompson v. SchiekSupreme Court of Minnesota · 1927
- Petersen v. SwanSupreme Court of Minnesota · 1953
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