Legal Opinion

Burmeister v. Gust

Supreme Court of Minnesota

Decided April 19, 1912No. Nos. 17,441—(38)PublishedCited by 23 opinions

Upon appeal to the district court for Cottonwood county from an order of the probate court of the county refusing to admit to probate a certain will of Eritz Bretzman, the matter was heard by L. S. Nelson, J., who submitted to a jury the question: Was the deceased induced or procured to sign the will by fraud, oppression or by tbe use of any undue influence? which they answered in tbe affirmative.

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Upon appeal to the district court for Cottonwood county from an order of the probate court of the county refusing to admit to probate a certain will of Eritz Bretzman, the matter was heard by L. S. Nelson, J., who submitted to a jury the question: Was the deceased induced or procured to sign the will by fraud, oppression or by tbe use of any undue influence? which they answered in tbe affirmative. Tbe court made findings and affirmed tbe order and judgment of tbe probate court refusing to admit tbe will to probate. Erom an order denying tbe motion of Charles Burmeister, proponent, for a new…

1Opinion of the CourtPhilip E. Brown, J.

Eritz Bretzman, late of Cottonwood county, having no wife or children, died on January 3, 1911, aged seventy-four years, leaving what purported to be his last will and testament, which instrument was dated December 28, 1910, and therein, after making direction for the payment of debts and funeral expenses, bequeathed all of his property, which consisted entirely of personalty, to his two nieces, Emma Krueger and Emelia Burmeister, one-half to each of them, and appointed Charles Burmeister, the husband of the said Emelia Burmeister, this appellant, executor.

December 15, 1910, the said-…

2Cases cited15 opinions

  1. Ward v. BrownWest Virginia Supreme Court · 1903
  2. Hancock v. Diamond Plate Glass Co.Indiana Supreme Court · 1904
  3. Whisler v. WhislerIndiana Supreme Court · 1903
  4. Foster v. DearbornSupreme Court of Minnesota · 1892
  5. Tobin v. HaackSupreme Court of Minnesota · 1900

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

3Cited by23 opinions

  1. Exsted v. ExstedSupreme Court of Minnesota · 1938
  2. Buck v. BuckSupreme Court of Minnesota · 1913
  3. Bell v. DavisSupreme Court of Oklahoma · 1914
  4. Sporn v. HerndonSupreme Court of Oklahoma · 1942
  5. Thill v. FreiermuthSupreme Court of Minnesota · 1916

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

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