Holler v. Amodt
North Dakota Supreme Court
Contemplating death, one A. executed a bill of sale of his personal property and a warranty deed of his real estate, in favor of his wife. A few days later he executed a will, leaving all of the property, both real and personal, to said wife. After his death, one of the children brings this suit against the mother, alleging that said property had been willed to the mother in trust, and praying that distribution be ordered.
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Contemplating death, one A. executed a bill of sale of his personal property and a warranty deed of his real estate, in favor of his wife. A few days later he executed a will, leaving all of the property, both real and personal, to said wife. After his death, one of the children brings this suit against the mother, alleging that said property had been willed to the mother in trust, and praying that distribution be ordered. Appeal from tbe District Court of Bottineau County, Burr, J. Where a will is made devising all tbe property to a person, with tbe intent of having this person distribute…
1Opinion of the CourtBurke, J.
On April 14, 1911, Knute Amodt executed a certain warranty deed to his lands and a bill of sale of his personal property to his wife; on May 5, 1911, he executed a will whereby he devised and bequeathed the same property, real and personal, to his said wife. On May 14, 1911, he died, leaving besides his wife, aforesaid, seven children. The oldest, Inga, who is married, brings this action, setting up the aforesaid facts, and claiming that the transfer of the property by the deeds and bill of sale aforesaid, and the execution of the will, were pursuant to an oral agreement had between the…
2Cases cited19 opinions
- Bigelow v. DraperNorth Dakota Supreme Court · 1896
- Culp v. SteereSupreme Court of Kansas · 1892
- Smith v. . SavinNew York Court of Appeals · 1894
- Esch Bros. v. Home InsuranceSupreme Court of Iowa · 1889
- Kelsey v. Chicago & North Western Railway Co.South Dakota Supreme Court · 1890
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3Cited by6 opinions
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- Torgerson v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.North Dakota Supreme Court · 1924
- Rieger v. RiegerNorth Dakota Supreme Court · 1970
- Northwestern Mutual Savings & Loan Ass'n v. WhiteNorth Dakota Supreme Court · 1915
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