Legal Opinion

State ex rel. Martin v. Ueland

Supreme Court of Minnesota

Decided March 8, 1883PublishedCited by 45 opinions

Prohibition. The facts stated in the petition and writ were, in substance, as follows: Cadwallarler C. Washburn, of La Crosse, Wisconsin, died May 14, 1882, having made his last will on December 31, 1881, in which he named the relators as his executors.

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Prohibition. The facts stated in the petition and writ were, in substance, as follows: Cadwallarler C. Washburn, of La Crosse, Wisconsin, died May 14, 1882, having made his last will on December 31, 1881, in which he named the relators as his executors. The will was duly proved in Wisconsin, July 5, 1882, and was admitted to probate in Hennepin county, in this state, on August 28, 1882, and the executors named in the will were duly appointed and qualified as executors in this state: The testator left a widow and two children. The former is and for more than 25 years has been insane, without…

1Opinion of the CourtMitchell, J.

Section 5, article 6, of the constitution provides that “the district courts shall have original jurisdiction in all civil cases, both in law and equity, where the amount in controversy exceeds one hundred dollars.” Section 7 of the same article provides that “a probate court shall have jurisdiction over the estates of deceased persons and persons under guardianship.” In determining the extent of the jurisdiction of these courts, as fixed by this division of judicial power, it is necessary not only to read both sections together, but also to consider and construe them in reference to the…

2Cited by45 opinions

  1. Washburn v. Van SteenwykSupreme Court of Minnesota · 1884
  2. Fiske v. LawtonSupreme Court of Minnesota · 1913
  3. Culver v. HardenberghSupreme Court of Minnesota · 1887
  4. Andrews v. BassettMichigan Supreme Court · 1892
  5. In re the Final Account of BesondySupreme Court of Minnesota · 1884

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