State ex rel. Benz v. Probate Court
Supreme Court of Minnesota
Hpon the relation of Herman L. Benz, Walter W. Eogers and Herbert V. Eogers, as executors and trustees of the estate of John E. Eogers, deceased, the district court for Hennepin county granted its writ of certiorari directed to the probate court of Hennepin county and the Honorable John A. Dahl, the judge thereof, to review the proceedings in the probate court in reference to the petition of Mae E. Eogers, widow of said decedent, directing the executors to pay her the sum of…
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Hpon the relation of Herman L. Benz, Walter W. Eogers and Herbert V. Eogers, as executors and trustees of the estate of John E. Eogers, deceased, the district court for Hennepin county granted its writ of certiorari directed to the probate court of Hennepin county and the Honorable John A. Dahl, the judge thereof, to review the proceedings in the probate court in reference to the petition of Mae E. Eogers, widow of said decedent, directing the executors to pay her the sum of $4,945.34, with interest. The matter was heard before Hale, J., who quashed the writ. From the order quashing the writ,…
1Opinion of the Court
On January 21,1916, the following opinion was filed:
Per Curiam;.
Appeal by plaintiffs, executors and trustees under the will of John E. Eogers, deceased, from an order of the district court of Hennepin county quashing a writ of certiorari directed to the probate court to review its order directing the plaintiffs, as executors, to pay respondent $5,000. out of the funds of the estate. Eespondent moves to dismiss the appeal on the ground that the appellants are not “aggrieved parties” within G. S. 1913, § 7491.
The motion to dismiss the appeal is denied on the authority of Burmeister v. Gust, 117…
2Cases cited11 opinions
- Fiske v. LawtonSupreme Court of Minnesota · 1913
- State ex rel. Martin v. UelandSupreme Court of Minnesota · 1883
- Culver v. HardenberghSupreme Court of Minnesota · 1887
- Fitzpatrick v. Simonson Bros. Manufacturing Co.Supreme Court of Minnesota · 1902
- Mousseau v. MousseauSupreme Court of Minnesota · 1889
6 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- In re Stinger EstateMontana Supreme Court · 1921
- Wilson ex rel. Mitchell v. EricksonSupreme Court of Minnesota · 1920
- Agnew v. AgnewSouth Dakota Supreme Court · 1928
- Snicker v. ByersSupreme Court of Minnesota · 1929
- Fischer v. HintzSupreme Court of Minnesota · 1920
7 more not listed; retrieve them via the Exa API.