State ex rel. Percy v. Hunt
Supreme Court of Minnesota
Application having been made to the probate court for Dodge county by the guardians of Catherine Robinson, incompetent, to determine in behalf of the incompetent whether she should take under the will of Prosper Robinson, deceased, or renounce the same and take her share of the estate as provided by statuté, a decree was made that the incompetent renounce the will and take under the statute.
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Application having been made to the probate court for Dodge county by the guardians of Catherine Robinson, incompetent, to determine in behalf of the incompetent whether she should take under the will of Prosper Robinson, deceased, or renounce the same and take her share of the estate as provided by statuté, a decree was made that the incompetent renounce the will and take under the statute. Whereupon plaintiff Josephine L. Percy, executrix and residuary legatee, appealed to the district court for said county, and upon her petition a writ of certiorari was also issued from said district court…
1Opinion of the CourtLewis, J.
In 1901 Prosper Robinson died testate, leaving surviving him his aged, helpless, and incompetent widow, and their adopted daughter, Mrs. Josephine L. Percy. His estate consisted of real estate of the value of about $25,000 and personal property of about the value of $28,000'. The will was executed in July, 1900, and contained the following provision for his wife:
“First. After all my lawful debts and funeral expenses have been paid, I give and will the use of all my property, both real and personal, or as much of it as is necessary, to care for my dear wife during her life; and, if there is…
2Cases cited3 opinions
- Van Steenwyck v. WashburnWisconsin Supreme Court · 1884
- In re the last will & testament of RauschSupreme Court of Minnesota · 1886
- Johnson v. JohnsonSupreme Court of Minnesota · 1884
3Cited by18 opinions
- In re Estate of ConnorSupreme Court of Missouri · 1914
- Dolbeare v. BowserMassachusetts Supreme Judicial Court · 1925
- First National Exchange Bank v. HughsonSupreme Court of Virginia · 1953
- In re BrownAppellate Division of the Supreme Court of the State of New York · 1925
- Butler v. ButlerSupreme Court of Minnesota · 1930
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