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217 Minn. 634

Williams v. Allen

Supreme Court of Minnesota

Decided March 17, 1944

Supreme Court of Minnesota · decided 1944-03-17

Relies on Julius v. Lenz · Hoyt v. Kittson County State Bank

Good law ✅— No negative treatment on recordhow we know

Decided 1944-03-17

How this case has been cited

Cited by 9 later decisions — most recently January 1992

9 state decisions

50194419501960197019801990decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Pee Cubiam.

¶1Lucian Edward Williams, residing in Cook county, Illinois, died testate. He named defendant executor in his will. The will was there probated, and defendant was appointed executor. The deceased owned a share in a Biwabik mine in this state, and an ancillary proceeding to probate the will in the probate court of St. Louis county was instituted in which defendant was appointed executor, over the objections of plaintiffs, who appealed to the district court of St. Louis county. That court made findings of fact and conclusions of law that defendant was not a competent and suitable person to act as executor of the estate. Defendant moved in the alternative for amended findings of fact and conclusions of law or a new trial. The motion was denied, and defendant brought this appeal. Respondents make the point that no appeal lies from the order insofar as it refused to amend the findings, and that insofar as the order denied a new trial it must stand, because no ground for a new trial was stated as prescribed by Minn. St. 1941, § 547.01 (Mason St. 1940 Supp. § 9325); Julius v. Lenz, 212 Minn. 201, 3 N. W. (2d) 10; Hoyt v. Kittson County State Bank, 180 Minn. 93, 230 N. W. 269.

¶2Order affirmed.

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