In re the Probate of the Will of Mousseau
Supreme Court of Minnesota
Appeal by Minnie Mousseau, contestant in this matter, from an order of the district court for Hennepin county, Shaw, J., presiding, and Young and Lochren, JJ., concurring, dismissing an appeal from the probate court for the same county. The case is stated in the opinion. The first probate of the will of Fannie Mousseau was defective and void, because no guardian ad litem was appointed for Minnie Mous-seau. It was not a valid judgment against her.
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Appeal by Minnie Mousseau, contestant in this matter, from an order of the district court for Hennepin county, Shaw, J., presiding, and Young and Lochren, JJ., concurring, dismissing an appeal from the probate court for the same county. The case is stated in the opinion. The first probate of the will of Fannie Mousseau was defective and void, because no guardian ad litem was appointed for Minnie Mous-seau. It was not a valid judgment against her. Penniman’s Will, 20 Minn. 220, (245;) Brook v. Chappell, 34 Wis. 405; Ruth v. Ober-brunner, 40 Wis. 238; Odell v. Rogers, 44 Wis. 136; Taff v.…
1Opinion of the CourtBerry, J.
As respects proceedings for the probate of a will, our statute provides for notice, either by newspaper publication or by personal service on all parties interested, at the discretion of the judge of probate. Gen. St. 1878, c. 47, § 14. No provision is made for or in reference to the appointment of a guardian ad litem for any minor interested in the estate. It follows that, as respects the mat*203ter of notice, the newspaper publication or personal service (as the case may be) gives the probate court complete jurisdiction to proceed in the premises. As with regard to the estates of decedents in…
2Cases cited16 opinions
- Bradley v. FisherSupreme Court of the United States · 1872
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- Elliott v. Lessee of PeirsolSupreme Court of the United States · 1828
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- Griffith v. FrazierSupreme Court of the United States · 1814
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3Cited by9 opinions
- Culver v. HardenberghSupreme Court of Minnesota · 1887
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- Thompson v. ThompsonMichigan Supreme Court · 1924
- Balch v. HooperSupreme Court of Minnesota · 1884
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