Shanahan v. Kelly
Supreme Court of Minnesota
In the matter of the estate of Philip Shanahan, deceased, a' final decree of distribution was entered in the probate court for Houston county assigning the residue of the estate to the beneficiaries named in the will. From this decree William Shanahan and Bridget Walsh, as heirs at law of the1 deceased, appealed to the district court for said county, on the ground that the will was void for uncertainty.
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In the matter of the estate of Philip Shanahan, deceased, a' final decree of distribution was entered in the probate court for Houston county assigning the residue of the estate to the beneficiaries named in the will. From this decree William Shanahan and Bridget Walsh, as heirs at law of the1 deceased, appealed to the district court for said county, on the ground that the will was void for uncertainty. The case was tried before Buckham, J., sitting for the judge of the Tenth judicial district, who found that the second, third and fourth provisions of the will were void, that the beneficaries…
1Opinion of the CourtStart, C. J.
On March 14, 1900, Philip Shanahan, a Boman Catholic priest for some forty years, died in the county of Houston, of which county he was a resident, leaving as his sole heirs at law William Shanahan, a brother, and Bridget Walsh’ a daughter of a deceased brother. He left a last will and testament, whereby he attempted to dispose of all of his property as follows:
“Second. After the payment of such funeral expenses and debts, I give, devise, and bequeath the sum of five hundred dollars for masses, the said sum to be distributed by my executor hereinafter' named according to his judgment.
“Third.…
2Cases cited6 opinions
- Lane v. EatonSupreme Court of Minnesota · 1897
- Little v. WillfordSupreme Court of Minnesota · 1883
- Atwater v. RussellSupreme Court of Minnesota · 1892
- Van Eman v. StanchfieldSupreme Court of Minnesota · 1865
- City of St. Paul v. KubySupreme Court of Minnesota · 1863
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Watkins v. BigelowSupreme Court of Minnesota · 1904
- Congdon v. CongdonSupreme Court of Minnesota · 1924
- Longcor v. City of Red WingSupreme Court of Minnesota · 1940
- Henrikson v. Swedish Baptist Mission SocietySupreme Court of Minnesota · 1925
- Minnesota Loan & Trust Co. v. DouglasSupreme Court of Minnesota · 1917
7 more not listed; retrieve them via the Exa API.