Kelly v. Slack
Supreme Court of Minnesota
In the matter of the estate of Christine Kelly, deceased, defendant C. H. Slack, as administrator with the will annexed, petitioned the probate court for Hennepin county for license to sell all the real estate of the deceased, valued at $7,850, except the homestead, to pay debts amounting to $93.38, expenses of administration and legacies.
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In the matter of the estate of Christine Kelly, deceased, defendant C. H. Slack, as administrator with the will annexed, petitioned the probate court for Hennepin county for license to sell all the real estate of the deceased, valued at $7,850, except the homestead, to pay debts amounting to $93.38, expenses of administration and legacies. Plaintiff, the husband of deceased, objected on the grounds that no sale was necessary for the payment of debts and expenses of administration, and that the sale of any part of the real estate for the payment of legacies was unauthorized, since there being…
1Opinion of the CourtLewis, J.
In 1890 Christine Erickson, unmarried, executed her last will and testament, by which she devised to her mother, brother, sister, and two nieces each the sum of $500, and to John Kelly, of Minneapolis, plain*493tiff herein, $3,000; naming another niece her residuary legatee. She married plaintiff in 1890, and died in Hennepin county in 1900. The will having been admitted to probate, plaintiff duly renounced the legacy under the will, and elected to take under the statute, as the surviving husband. Only one claim against the estate was filed, and that in the sum of $93.38, whereupon the…
2Cited by3 opinions
- State ex rel. Union National Bank v. Probate CourtSupreme Court of Minnesota · 1908
- Kietzer v. NelsonSupreme Court of Minnesota · 1924
- Morrison v. ParrySupreme Court of Minnesota · 1924