Legal Opinion

Rogers v. Benz

Supreme Court of Minnesota

Decided February 16, 1917No. Nos. 20,068—(203)PublishedCited by 6 opinions

Walter W. Rogers, Herbert V. Rogers and Herman L. Benz petitioned the probate court for Hennepin county for the allowance of a will of John E. Rogers, deceased, which was executed in the year 1905. The will was duly admitted to probate and the petitioners on February 26, 1912, qualified as executors. On February 28 they were authorized by order of the probate court to carry on the hotel and other business of testator.

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Walter W. Rogers, Herbert V. Rogers and Herman L. Benz petitioned the probate court for Hennepin county for the allowance of a will of John E. Rogers, deceased, which was executed in the year 1905. The will was duly admitted to probate and the petitioners on February 26, 1912, qualified as executors. On February 28 they were authorized by order of the probate court to carry on the hotel and other business of testator. On February 3, 1912, a contract was executed in which plaintiff, the widow of testator, the executors of the will and the brothers and sisters of testator, with their spouses,…

1Opinion of the CourtHallam, J.

1. John E. Rogers died January 22, 1912. He left surviving a widow, this plaintiff, no children, four brothers and one sister. He owned much property, heavily incumbered. The principal items of property were as follows:

He owned two 100-year ground leases of adjoining tracts at the corner of Fourth street and Nicollet avenue in Minneapolis. The rental to be paid under the two leases was then $20,900 a year and was increasing at the rate of $300 a year. Each lease gave an option to buy, the price for the two tracts being $400,000.

The buildings on this land deceased had purchased, and on the…

2Cases cited9 opinions

  1. Ludington v. PattonWisconsin Supreme Court · 1901
  2. Farnham v. ThompsonSupreme Court of Minnesota · 1885
  3. State ex rel. Minnesota Loan & Trust Co. v. Probate CourtSupreme Court of Minnesota · 1915
  4. In re Emerson's HomesteadSupreme Court of Minnesota · 1894
  5. Corey v. CoreySupreme Court of Minnesota · 1913

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

3Cited by6 opinions

  1. Noonan EstateSupreme Court of Pennsylvania · 1948
  2. Myers v. NobleSupreme Court of Kansas · 1935
  3. Butler v. ButlerSupreme Court of Minnesota · 1930
  4. Benz v. RogersSupreme Court of Minnesota · 1918
  5. Schaefer v. ThoenySupreme Court of Minnesota · 1937

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

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