Legal Opinion

Geils v. Fluegel

North Dakota Supreme Court

Decided May 2, 1901PublishedCited by 4 opinions

Appeal from District Court, Cass County; Sauter, J. Action by Amelia Geils and others against William Fluegel, Sr., and others. Hugh Wier intervened. From a judgment for defendants and intervener, plaintiffs appeal. A conditional will may be denied probate. § 3646, Rev. Codes. A conditional disposition is one which depends upon some uncertain event by which it is to take effect or be defeated. § 3712, Rev. Codes. Permissive language is often construed as mandatory.

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Appeal from District Court, Cass County; Sauter, J. Action by Amelia Geils and others against William Fluegel, Sr., and others. Hugh Wier intervened. From a judgment for defendants and intervener, plaintiffs appeal. A conditional will may be denied probate. § 3646, Rev. Codes. A conditional disposition is one which depends upon some uncertain event by which it is to take effect or be defeated. § 3712, Rev. Codes. Permissive language is often construed as mandatory. State, v. Kent, 4 N. D. 577, 590; Black on Interpretation, 156; Cutler v. Howard, g Wis. 309; Bowman v. City, 43 Minn. 115, 49 N.…

1Opinion of the CourtWallin, C. J.

This cause originated in the county court for the county of Cass, and the principal question upon the merits has reference to the probate of a certain document filed in the county court, which purported to be the last will and testament of one Justina Fluegel, deceased. This record shows that on the 24th day of July, 1899, a decree was entered herein in said county court adjudging, in effect, that said document purporting to be a will should be admitted to probate as such will. By the same order Julius W. Fluegel and William Fluegel (sons of the deceased) were appointed execut*213ors, and letters…

2Cases cited1 opinion

  1. Edmonson v. WhiteNorth Dakota Supreme Court · 1898

3Cited by4 opinions

  1. Stevens v. MeyersNorth Dakota Supreme Court · 1905
  2. Littel v. PhinneyNorth Dakota Supreme Court · 1901
  3. Eakin v. CampbellNorth Dakota Supreme Court · 1901
  4. Hagen v. GilbertsonNorth Dakota Supreme Court · 1901

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