Kelly v. Kennedy
Supreme Court of Minnesota
In the matter of the estate of Catherine Myler, deceased, W. D. Kelly, as executor of the last will and testament of testatrix, presented his final account to the probate court for Ramsey county for allowance. Daniel O. Kennedy, representative of the estate, and Mary Kennedy, sole heir at law of decedent, appealed to the district court for that county from the order allowing the account.
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In the matter of the estate of Catherine Myler, deceased, W. D. Kelly, as executor of the last will and testament of testatrix, presented his final account to the probate court for Ramsey county for allowance. Daniel O. Kennedy, representative of the estate, and Mary Kennedy, sole heir at law of decedent, appealed to the district court for that county from the order allowing the account. The appeal' was heard before Dickson, J., who made findings and reversed the order of the probate court as to the items pertaining to the litigation mentioned in the opinion, and remanded the matter to the…
1Opinion of the Court
Dibell, C.
Appeal by W. D. Kelly, executor of tbe estate of Catherine Myler, from an order of the district court denying his motion for a new trial in a proceeding for the allowance of his account.
The appellant, Dr. Kelly, was named executor in the will of Catherine Myler. Mary Kennedy, an adopted daughter, was the sole heir. Katie Quirk, a niece, was the residuary devisee. The will gave $25 to Mary Kennedy. There were no other bequests. Dr. Kelly presented the will for probate. Mary Kennedy contested upon the ground of want of testamentary capacity in the testatrix. The will was allowed in…
2Cases cited17 opinions
- In re Estate of SoulardSupreme Court of Missouri · 1897
- Henderson v. SimmonsSupreme Court of Alabama · 1858
- Dodd v. . AndersonNew York Court of Appeals · 1910
- Brown v. EgglestonSupreme Court of Connecticut · 1885
- Phillips' ex'r v. Phillips' adm'rCourt of Appeals of Kentucky · 1883
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3Cited by13 opinions
- Stover v. Wayne Probate JudgeMichigan Supreme Court · 1922
- Burns v. CarlawSupreme Court of Minnesota · 1922
- In Re Estate of JeffersonSupreme Court of Minnesota · 1926
- Hursh v. TheisSupreme Court of Minnesota · 1956
- In Re Estate of EvensonCourt of Appeals of Minnesota · 1993
8 more not listed; retrieve them via the Exa API.