Legal Opinion

Thomas v. Thomas

Supreme Court of Minnesota

Decided May 17, 1899No. Nos. 11,339—(7)PublishedCited by 14 opinions

The probate court for Fillmore county, Farrington, J., made an order admitting to probate the will of Ezekiel Thomas, deceased, proposed by Edward Thomas, from which order Hiram M. Thomas and Gabrilla Colburn, who had filed objections to the allowance of the will, appealed to the district court of said county.

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The probate court for Fillmore county, Farrington, J., made an order admitting to probate the will of Ezekiel Thomas, deceased, proposed by Edward Thomas, from which order Hiram M. Thomas and Gabrilla Colburn, who had filed objections to the allowance of the will, appealed to the district court of said county. The case was there tried before Whytock, J., who rendered judgment affirming the order of the probate court; and from an order denying a motion for a new trial, objectors appealed. It is necessary for one who offers in evidence an instrument with alterations apparent on its face to…

1Opinion of the CourtMitchell, J.

Ezekiel Thomas, of Fillmore county, in this state, died testate January 12, 1891, leaving, surviving him, a widow, Mary A., and four children, viz. Edward Thomas, the proponent, Hiram M. Thomas and Gabrilla Clark (now Colburn), the contestants, and John Thomas. On October 15, 1891,' Edward Thomas proposed to the probate court as the last will and testament of the deceased an instrument dated June 4, 1888, the material provisions of which, after bequeathing and devising certain personal and real property to his wife for life, were as follows:

“Third. The rest, residue, and remainder of my…

2Cited by14 opinions

  1. McIntyre v. McIntyreSupreme Court of Georgia · 1904
  2. Will of Hull v. HullSupreme Court of Iowa · 1902
  3. Johnson v. KrocSupreme Court of Minnesota · 1923
  4. In Re Dougan's EstateOregon Supreme Court · 1935
  5. Ruel v. HardySupreme Court of New Hampshire · 1939

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