100 Minn. 384 | Minn. | 1907
This appeal is from a judgment entered in the district court of Wi-nona county, based on an order of the trial court construing the probate code of Minnesota in relation to the distribution of the personal estate of deceased persons, as amended by chapter 334, p. 581, of the Laws -of 1903. That order held that prior to the taking effect of Revised Laws 1905, a childless spouse had the right to dispose of his personal estate by will, subject to the allowances to his widow especially provided for in subdivision 1 of section 70 of the probate code (Laws 1889, p. 108, c. 46). The propriety of that order is the question presented by this appeal.
The title of an act may be properly treated as an aid in determining what the legislature finally intended, hut is not a final consideration generally, and in this case is not of controlling significance, in view of the actual succession of legislative attempts to accomplish a change in' the law as to the power of testamentary disposition. That “the statute permitting the owner to dispose of all his property is subject to no exception made by the legislature save as otherwise provided” raises merely the question of what is “otherwise provided.” That the act relied upon to provide otherwise “says nothing about wills” is not material. The question is, what effect is to be given to this legislative act? If its purpose can be reasonably ascertained from itself and its history, it is not necessary that it should contain the express and apt language which would indubitably formulate the new rule.
We think the case at bar presents a number of enactments made at dif
Judgment reversed, with direction to proceed in accordance with this opinion.