Mitchell v. Mitchell
Supreme Court of Minnesota
Appeal by Margaret J. Mitchell, the contestant, from a judgment of the district court for Stearns county, Baxter and Searle, JJ., presiding, refusing a new trial, after a decision sustaining the will of her late , husband, James S. Mitchell.
1Opinion of the CourtVanderburgh, J.
The will of James S. Mitchell, deceased, was contested in the probate court by his wife, Margaret Mitchell, on the grounds that it was not lawfully executed; that the testator was not of sound and disposing mind and memory; and that “he signed the same under duress, menace, undue influence, and fraud.” From the decree of the probate court establishing the will and admitting it to probate, the contestant appealed to the district court of Stearns county, where the case was duly tried by the court, no formal issueshaving been specially framed for a jury in pursuance of the statute. Upon the…
2Cases cited2 opinions
- Marx v. . McGlynnNew York Court of Appeals · 1882
- Horn v. . PullmanNew York Court of Appeals · 1878
3Cited by20 opinions
- Schmidt v. SchmidtSupreme Court of Minnesota · 1891
- Foster v. DearbornSupreme Court of Minnesota · 1892
- In re the Estate of GorkowWashington Supreme Court · 1899
- Graham v. BurchSupreme Court of Minnesota · 1891
- In re the Estate of JernbergSupreme Court of Minnesota · 1922
15 more not listed; retrieve them via the Exa API.