In re the Probate of the Last Will & Testament of Penniman
Supreme Court of Minnesota
The testator, having duly executed his will, subsequently altered it by cancelling certain portions and substituting other provisions in lieu of those cancelled, in the manner described in the opinion.
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The testator, having duly executed his will, subsequently altered it by cancelling certain portions and substituting other provisions in lieu of those cancelled, in the manner described in the opinion. The instrument, as thus altered, was propounded by the executors, and was admitted to probate by the probate court of Hennepin county, against the objections of the residuary legatee, who contended that the alterations were invalid and should be disregarded, and that the will should be admitted to probate as originally executed. The contestant having appealed to the district court for the same…
1Opinion of the Court
By the Court.
Berry, J.
As this case now stands, there is, first, an order of the probate court admitting the will in controversy to probate; second, an appeal to the district court from so much of said order as admits to probate, as part of such will, certain interlineations appearing upon the face thereof; third, a judgment of the district court, affirming the order of the probate court; and fourth, an appeal from such judgment to this court.
Snbdiv. 1, sec. 8, chap. 86, Gen. Stat., provides that “ an appeal may be taken to the supreme court * * * from a judgment in an action commenced in the…
2Cases cited2 opinions
- Doane v. HadlockSupreme Judicial Court of Maine · 1856
- Chew v. WoolleyNew York Supreme Court · 1811
3Cited by22 opinions
- O'Malley v. St. Paul, Minneapolis & Manitoba Railway Co.Supreme Court of Minnesota · 1890
- Le Bar v. Ewald Bros. DairySupreme Court of Minnesota · 1944
- Hartz v. SobelSupreme Court of Georgia · 1911
- Rognrud v. ZubertSupreme Court of Minnesota · 1969
- Friederick v. County of RedwoodSupreme Court of Minnesota · 1922
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