[Download] "Marquette National Bank Minneapolis V." by Supreme Court of Minnesota * eBook PDF Kindle ePub Free

eBook details

Title: Marquette National Bank Minneapolis V.
Author : Supreme Court of Minnesota
Release Date : January 07, 1939
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 68 KB

Description

Court -- jurisdiction -- controversy between representative of estate and strangers claiming adversely. 1. Plaintiff sued to recover a sum of money held by defendant bank as representative of the estate of R, founding its cause upon an assignment by M, a beneficiary under the will of said R, of all his right, title, and interest as a residuary legatee. M later died testate, defendant executrix being appointed to administer his estate under the will. Held (a) that the district court is under Minn. Const. art. 6, Â§ 5, vested with ""original jurisdiction in all civil cases, both in law and equity, where the amount in controversy exceeds one hundred dollars""; (b) that the probate court, while having jurisdiction of the estates of deceased persons, possesses only powers granted to it by the constitution, these being to take charge of, preserve, and distribute according to law the property of decedents, but not to determine as between the representative of an estate and a third person the right to such property claimed by each; (c) that the district court has plenary jurisdiction of the suit.