Langley v. Smith

Magney, Justice.

On December 24, 1942, this court affirmed an order of the district court of Hennepin county vacating an order of the probate court allowing the will of Fred Boese in a proceeding to contest the will brought by Otto Boese against T. Wesley McMahon as executor. In re Estate of Boese, 213 Minn. 440, 7 N. W. (2d) 355. The appeal taken by McMahon as executor was dismissed by him on January 5, 1942. Attorneys’ fees and expenses incurred up to that time were paid under the terms of a stipulation. The dismissal was without the knowledge and consent of Mabel Langley, the sole…