Schultz v. Brown
Supreme Court of Minnesota
Plaintiff’s claim of $805.98 against the estate of defendant’s testatrix, Jeanette Chevre, having been allowed by the probate court of Meeker county, on August 26, 1890, there was filed in the district court for that county on November 24th a return from the probate court as in cases of appeal, and on November 25th there was filed a paper entitled in the matter of the estate of the testatrix, in the probate court, and addressed to defendant as executor, and purporting to be…
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Plaintiff’s claim of $805.98 against the estate of defendant’s testatrix, Jeanette Chevre, having been allowed by the probate court of Meeker county, on August 26, 1890, there was filed in the district court for that county on November 24th a return from the probate court as in cases of appeal, and on November 25th there was filed a paper entitled in the matter of the estate of the testatrix, in the probate court, and addressed to defendant as executor, and purporting to be a request to him to appeal from the allowance of the claim, and signed “ John T. Byrnes, Attorney for Frank J. Chevre…
1Opinion of the CourtMitchell, J.
“When an executor or administrator declines to appeal from the allowance of a claim against the estate, * * *■ any person interested in the estate, as creditor, devisee, legatee, or heir, may appeal from such decision in the same manner as the executor or administrator might have done; and the same proceedings shall be had in the name of the executor or administrator.” Prob. Code, (Laws 1889, e. 46,) § 253. In such cases, the notice of appeal should be-signed by the creditor, devisee, legatee, or heir appealing, and state that he appeals. To affix the name of the executor or administrator as…
2Cited by5 opinions
- In Re Estate of OsbonSupreme Court of Minnesota · 1930
- In Re Estate of NelsonSupreme Court of Minnesota · 1935
- State v. ProvencherSupreme Court of Minnesota · 1915
- O'Brien v. MurphySupreme Court of Minnesota · 1917
- First National Bank v. Converse Rubber Co.Supreme Court of Minnesota · 1935