Heintz v. Wilhelm
Supreme Court of Minnesota
Action in the district court for Houston county for partition of a farm. The case was tried before Oatherwood, J., who made findings and ordered that the life estate of Emma C. Wilhelm in the 80-acre tract be set off to her; that the 102-acre tract be sold subject to her life estate and after the payment of taxable disbursements be distributed among the parties in proportion to their respective interests in the lands sold.
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Action in the district court for Houston county for partition of a farm. The case was tried before Oatherwood, J., who made findings and ordered that the life estate of Emma C. Wilhelm in the 80-acre tract be set off to her; that the 102-acre tract be sold subject to her life estate and after the payment of taxable disbursements be distributed among the parties in proportion to their respective interests in the lands sold. From an order denying their motion for a new trial and amended findings, plaintiffs appealed.
1Opinion of the Court
Taylor, C.
Eugene Wilhelm died intestate in November, 1909, seized and possessed of a farm of 102 acres in Houston county on which he and his family had resided for many years. He left a widow, Emma C. Wilhelm, and four children, Leroy Eugene, Mae Elizabeth, E. Mildred and Fern Catherine, aged respectively 14 years, 13 years, 2 years and 11 months. Under the laws of descent, the widow, Emma O. Wilhelm, took the homestead of 80 acres for and during the term of her natural life, and an undivided 1/3 of the other 22 acres in fee, and each of the four children took an undivided 1/4 of the…
2Cases cited11 opinions
- Alexander v. AlexanderNebraska Supreme Court · 1889
- Jameson v. HaywardCalifornia Supreme Court · 1895
- White v. WhiteSupreme Court of Virginia · 1861
- Smalley v. IsaacsonSupreme Court of Minnesota · 1889
- Hanson v. IngwaldsonSupreme Court of Minnesota · 1899
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3Cited by5 opinions
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- Marian v. Swanson v. Terrence K. SwansonCourt of Appeals of Minnesota · 2014