Merriam v. Merriam
Supreme Court of Minnesota
Action in the district court for Ramsey county by plaintiffs as trustees under the will of John L. Merriam, deceased, to obtain a construction of the will. Charles A. Appleton, a judgment creditor of Robert H. Merriam, intervened. The case was tried before Lewis, J., who made findings of fact, and as conclusion of law determined the construction of the will. From a judgment entered pursuant to the findings, plaintiffs appealed.
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Action in the district court for Ramsey county by plaintiffs as trustees under the will of John L. Merriam, deceased, to obtain a construction of the will. Charles A. Appleton, a judgment creditor of Robert H. Merriam, intervened. The case was tried before Lewis, J., who made findings of fact, and as conclusion of law determined the construction of the will. From a judgment entered pursuant to the findings, plaintiffs appealed. Counsel cited: Moore v. Alden, 80 Me. 301; Pierrepont v. Edwards, 25 N. Y. 128; Boomhower v. Babbitt, 67 Yt. 327; Merritt v Merritt, 43 N. J. Eq. 11; Additon v. Smith,…
1Opinion of the CourtEoveey, J.
Appeal from a judgment construing certain provisions of the will of John L. Merriam, deceased, providing a source of annual income for his widow, Helen M. Merriam. The testator died at St. Paul, January 12, 1895, leaving surviving his widow, four sons, and one daughter, for whom he had made generous testamentary provisions from his ample fortune. One of the testator’s sons, Robert, has become insolvent, and the owner of judgments against him duly intervened and is now the active contestant in this controversy. He claims that a legacy provided in the will for the benefit of the widow should be…
2Cases cited6 opinions
- Pierrepont v. . EdwardsNew York Court of Appeals · 1862
- Smith v. FellowsMassachusetts Supreme Judicial Court · 1881
- Morriss v. Garland's Adm'rSupreme Court of Virginia · 1883
- Moore v. AldenSupreme Judicial Court of Maine · 1888
- Additon v. SmithSupreme Judicial Court of Maine · 1891
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3Cited by15 opinions
- Kramer v. KramerCourt of Appeals for the Fifth Circuit · 1912
- Houston Land & Trust Co. v. CampbellCourt of Appeals of Texas · 1937
- Fidelity National Bank & Trust Co. v. HoveySupreme Court of Missouri · 1928
- Burgin v. PatchMassachusetts Supreme Judicial Court · 1942
- Crocker First National Bank v. St. Luke's HospitalCalifornia Court of Appeal · 1955
10 more not listed; retrieve them via the Exa API.