Legal Opinion

Kelleher v. Kelleher

Supreme Court of Minnesota

Decided July 5, 1918No. 20,909PublishedCited by 6 opinions

William Kelleher, John Kelleher, Mary Kelleher and Margaret Kell-' eher, children and legatees of Dennis Kelleher, deceased, petitioned the probate court for Cottonwood ■ county for an order requiring Susie Kell-eher, as representative of the estate of said testator, to pay them the sum of $2,000 provided by the will of said testator to be paid to them, and obtained an order to show cause.

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William Kelleher, John Kelleher, Mary Kelleher and Margaret Kell-' eher, children and legatees of Dennis Kelleher, deceased, petitioned the probate court for Cottonwood ■ county for an order requiring Susie Kell-eher, as representative of the estate of said testator, to pay them the sum of $2,000 provided by the will of said testator to be paid to them, and obtained an order to show cause. The matter was heard before Annis, J., who found that the will provided a specific legacy and was so. intended by deceased; but that when the policy of life insurance was surrendered for cancelation and a…

1Opinion of the CourtQuinn, J.

In January, 1898, Dennis Kelleher'took out a benefit certificate in the Modern Woodmen of America, for $2,000, payable at his death to his wife, Hannah Kelleher. There were four children, the issue of this marriage, namely, John, William, Mary and Margaret, the respondents herein. The mother of those children died in 1908. In 1911 Dennis Kelleher married Susan Kelleher, the executrix and appellant herein. There are three young children, the issue of this marriage. On January 18, 1916, Dennis Kelleher made his last will and testament as hereinafter set forth. On February 5, 1916, he had the…

2Cases cited6 opinions

  1. Washburn v. Van SteenwykSupreme Court of Minnesota · 1884
  2. Gorham v. DodgeIllinois Supreme Court · 1887
  3. Ditch v. SennottIllinois Supreme Court · 1886
  4. VanSchaack v. LeonardIllinois Supreme Court · 1897
  5. Brown v. BrownSupreme Court of Minnesota · 1890

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

3Cited by6 opinions

  1. Taylor v. HullSupreme Court of Kansas · 1926
  2. Hentges v. HoyeSupreme Court of Minnesota · 1924
  3. Matter of Estate of ShapiroSupreme Court of Minnesota · 1986
  4. LeBorius v. ReynoldsSupreme Court of Minnesota · 1946
  5. In Re Estate of LeboriusSupreme Court of Minnesota · 1946

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

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