Tracy v. Tracy
Supreme Court of Minnesota
From an order of the probate court of Wright county setting apart to Minerva Tracy, widow of James Tracy, deceased, a portion of the real estate of decedent as a homestead, Mary A. Tracy, the mother of decedent and the proponent of his will, appealed to the district court for said county. In the district court the appeal was heard before Tarbox, J., who found in favor of the «widow.
Read the full summary
From an order of the probate court of Wright county setting apart to Minerva Tracy, widow of James Tracy, deceased, a portion of the real estate of decedent as a homestead, Mary A. Tracy, the mother of decedent and the proponent of his will, appealed to the district court for said county. In the district court the appeal was heard before Tarbox, J., who found in favor of the «widow. From an order denying a motion for a new trial, Giddings, J., the proponent appealed to the supreme court.
1Opinion of the CourtCollins, J.
Minerva Tracy, respondent, is the widow of James Tracy, who died testate and childless, April 29, 1896. Nor did there survive him issue of a deceased child. At the time of his death and for some years prior his residence was upon a farm of 160 acres, the tract of land involved in Towle v. Sherer, 70 Minn. 312, 75 N. W. 180, an action to establish a lost deed, from which it will be seen that, although the record title to. the land was in Sherer, who was a brother-in-law of Tracy, the actual title was in the latter, and this was the final judgment of the court, as entered in December, 1897.…
2Cases cited3 opinions
- Radl v. RadlSupreme Court of Minnesota · 1898
- Towle v. ShererSupreme Court of Minnesota · 1897
- Jones v. JonesSupreme Court of Minnesota · 1898
3Cited by8 opinions
- State ex rel. Minnesota Loan & Trust Co. v. Probate CourtSupreme Court of Minnesota · 1915
- In re the Estate of EvansSupreme Court of Minnesota · 1920
- Mechling v. McAllisterSupreme Court of Minnesota · 1917
- In Re Estate of CareySupreme Court of Minnesota · 1935
- Fraser v. Farmers' & Mechanics' Savings BankSupreme Court of Minnesota · 1903
3 more not listed; retrieve them via the Exa API.