In Re Estate of Waggner
Supreme Court of Minnesota
1Opinion of the Court
Taylor, C.
This is an appeal from a judgment of the district court affirming a judgment of the probate court admitting to probate the will of Mrs. E. J. Hatch.
Appeals from the probate court are tried de novo in the district court. G. S. 1928, § 8988; Dun. Pr. L. § 68. Where the question is whether a will shall be admitted tó probate, the burden is on the proponent to prove that it was executed in the manner required by statute and that the testator possessed testamentary capacity at the time he executed it. In re Layman’s Will, 40 Minn. 371, 42 N. W. 286; Kennedy v. Kelly, 123 Minn. 259, 143…
2Cases cited12 opinions
- In re the Probate of the Will of LaymanSupreme Court of Minnesota · 1889
- Swick v. SheridanSupreme Court of Minnesota · 1909
- First National Bank v. TowleSupreme Court of Minnesota · 1912
- Wood v. WoodSupreme Court of Minnesota · 1917
- Schleiderer v. GergenSupreme Court of Minnesota · 1915
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3Cited by5 opinions
- Mitchell v. BazilleSupreme Court of Minnesota · 1944
- Buro v. MorseSupreme Court of Minnesota · 1931
- Lafayette Club v. RobertsSupreme Court of Minnesota · 1936
- In Re Welfare of Terri Dawn ForrestSupreme Court of Minnesota · 1976
- In Re Estate of DavidsonSupreme Court of Minnesota · 1930