Legal Opinion

Rasmussen ex rel. Lehman v. Evans

Supreme Court of Minnesota

Decided November 25, 1921No. 22,241PublishedCited by 5 opinions

F. J. Evans petitioned the probate court for Otter Tail county to admit to probate the last will and testament of Katie Hogstadt, deceased. Mathew Lehman, her father and heir at law, filed objections to the probate of the will. The objections were overruled, and contestant appealed to the district court for that county. The.appeal was heard by Parsons, J., who made findings and affirmed the order of the probate court admitting the will.

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F. J. Evans petitioned the probate court for Otter Tail county to admit to probate the last will and testament of Katie Hogstadt, deceased. Mathew Lehman, her father and heir at law, filed objections to the probate of the will. The objections were overruled, and contestant appealed to the district court for that county. The.appeal was heard by Parsons, J., who made findings and affirmed the order of the probate court admitting the will. From an order denying his motion for a new trial, Mathew Lehman appealed.

1Opinion of the CourtDibell, J.

This is an appeal by the guardian of M'athew Lehman, the father and sole heir and one of the beneficiaries under the will of Katie Hogstadt, deceased, from an order of the district court of Otter Tail county denying a new trial. The trial resulted in findings sustaining the will and affirming the order of the probate court. The court found that there was no undue influence and that the testatrix had sufficient mental capacity. The only questions are whether the evidence sustains these findings.

1. To constitute undue influence the mind of the testator must be so controlled or affected by…

2Cases cited8 opinions

  1. Schmidt v. SchmidtSupreme Court of Minnesota · 1891
  2. In re the Probate of the Will of LaymanSupreme Court of Minnesota · 1889
  3. Buck v. BuckSupreme Court of Minnesota · 1913
  4. Mitchell v. MitchellSupreme Court of Minnesota · 1890
  5. Woodville v. MorrillSupreme Court of Minnesota · 1915

3 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Estate of Keeley v. OchsSupreme Court of Minnesota · 1926
  2. In Re Estate of MollanSupreme Court of Minnesota · 1930
  3. Borstad v. UlstadSupreme Court of Minnesota · 1951
  4. In Re Estate of WeberSupreme Court of Minnesota · 1925
  5. Lynch v. RasmussenSupreme Court of Minnesota · 1923

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