O'Brien v. Larson
Supreme Court of Minnesota
Appeal by plaintiffs from an order of the district court for Kandiyohi county, Powers, J., denying their motion for a new trial after an order of the court directing judgment in favor of defendants upon the pleadings. Under G-. S. 1878, c. 46, § 3, subd. 10, the real estate of decedent was free from the liens of creditors after the lapse of three years from his death.
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Appeal by plaintiffs from an order of the district court for Kandiyohi county, Powers, J., denying their motion for a new trial after an order of the court directing judgment in favor of defendants upon the pleadings. Under G-. S. 1878, c. 46, § 3, subd. 10, the real estate of decedent was free from the liens of creditors after the lapse of three years from his death. In re Ackerman, 33 Minn. 54; Gates v. Shugrue, 35 Minn. 392; Boltz v. Schultz, 61 Minn. 444; Hill v Nichols, 47 Minn. 382. After the lapse of three years the probate court had no jurisdiction to allow claims against the estate.…
1Opinion of the CourtCanty, J.
2
The complaint in this action alleges that John O’Brien, a resident of Kandiyohi county, died in April, 1887, leaving, surviving him, a widow and several children, some of whom are the plaintiffs in this action; that he left a considerable amount of real and personal property, but left no debts except such as were afterwards paid by his widow; that his widow died in January, 1894, and in July of that year letters of administration on his estate were issued to his son Dennis S. O’Brien, who qualified and entered upon his duties; that on May 6, 1895, sixteen claims were presented to the probate…
2Cases cited6 opinions
- Hass v. BillingsSupreme Court of Minnesota · 1889
- Boltz v. SchutzSupreme Court of Minnesota · 1895
- Colby v. ColbySupreme Court of Minnesota · 1894
- Watkins v. LandonSupreme Court of Minnesota · 1897
- Clark v. LeeSupreme Court of Minnesota · 1894
1 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Knutsen v. KrookSupreme Court of Minnesota · 1910
- Clayton v. DinwoodeyUtah Supreme Court · 1908
- Brown v. StromSupreme Court of Minnesota · 1910
- In Re Estate of PaulsonSupreme Court of Minnesota · 1940
- Latham v. McClennyArizona Supreme Court · 1930
15 more not listed; retrieve them via the Exa API.