132 Minn. 176 | Minn. | 1916
March 1, 1892, George W. Bruce, a resident of Waseca county, made his will. He gave his wife, Anna A. Bruce, a life estate in his real estate, this life estate to be charged with the lawful debts of the testator at the time of his death, his funeral expenses and the expenses of his last sickness. The fee was devised in common to the six children of the testator. Then follows this provision: “The said fee estate is to be charged with the payment of any of my just and lawful debts, the funeral expenses and
There was no appeal from this decree, and no application made to set it aside, modify or correct it until November, 1913, when Anna A. Bruce, by her guardian, petitioned the probate court for an order amending and correcting the decree by charging the fee assigned to the six children with the payment of the funeral expenses, expenses of last sickness, and just and lawful debts of the petitioner, the widow of testator. The ground upon which this correction was asked was that the omissioh of the decree to make the fee subject to this charge was due to mistake of fact and inadvertence. The probate court, after a hearing, granted the prayer of the petition. On appeal the district court reversed this action, and the petitioner appealed to this court. After the appeal in this proceeding and after the appeal in the action brought by Mrs. Bruce, hereinafter noted, she died. On motion in this court L. S. Leighton, as administrator of her- estate, was substituted as petitioner in the probate court proceedings, and as plaintiff in the action. The appeal from the judgment reversing the order of the probate court, and the appeal in the action were heard together in this court'.
The judgment is affirmed in both cases.