In re the last will & testament of Rausch
Supreme Court of Minnesota
The will of Henry Eausch, deceased, was duly proved in the probate court for Stearns county. This will in terms devised and bequeathed all his estate to his children. Maria Eausch, the testator’s widow, duly applied to the probate court to assign to her the homestead for life, and one-third of the other real estate of the decedent, and also certain portions of the personalty, with an allowance for support.
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The will of Henry Eausch, deceased, was duly proved in the probate court for Stearns county. This will in terms devised and bequeathed all his estate to his children. Maria Eausch, the testator’s widow, duly applied to the probate court to assign to her the homestead for life, and one-third of the other real estate of the decedent, and also certain portions of the personalty, with an allowance for support. The executor opposed the application, and offered in evidence the following agreement referred to in the opinion as Exhibit A, viz.: “Know all men by these presents: That I, Maria Eausch,…
1Opinion of the CourtMitchell, J.
Assuming the instrument (Exhibit A) to be in terms sufficient, if valid, to effect such a result, the question in this case is whether a married woman can, by contract with her husband, release and relinquish to him her incipient or inchoate interest as wife in his real estate, so as to exclude her, as widow, from dower. We use the term “dower” because although “dower,” strictly so called, no longer exists in this state, yet the provisions of the present statute for the *293widow in the real estate of her deceased husband are rather in the nature of* an enlargement than an abolishment of dower,…
2Cases cited1 opinion
- Johnson v. JohnsonSupreme Court of Minnesota · 1884
3Cited by10 opinions
- State ex rel. Percy v. HuntSupreme Court of Minnesota · 1903
- Erickson v. EricksonSupreme Court of Minnesota · 1930
- Dayton v. CorserSupreme Court of Minnesota · 1892
- Griswold v. McGeeSupreme Court of Minnesota · 1907
- Erickson v. RobertsonSupreme Court of Minnesota · 1911
5 more not listed; retrieve them via the Exa API.