202 N.W. 732 | Minn. | 1925
Suit was brought under this statute. Settlement was made and plaintiff received $4,500. After paying attorneys' fees and expenses there remained $2,971.74 for distribution. Deceased left a widow and 4 children, all but one of whom had reached their majority. The minor was 14 years of age. Upon a petition for distribution the trial court made an order, from which this appeal is taken, in which distribution was directed as follows:
"Henry Hedlund, son of said deceased, the sum of $100.00;
Anton Hedlund, son of said deceased, the sum of $100.00;
Hulda Hedlund, daughter of said deceased, the sum of $100.00;
To Emily Hedlund, wife of said deceased, the sum of $1,781.16 which is two-thirds of $2,671.74, and to Clifford Hedlund, minor son of said deceased, the sum of $890.48, which is one-third of $2,671.74, the balance in the hands of plaintiff above named, after paying $100.00 each to Henry, Anton, and Hulda Hedlund." *293
The damages do not go to the estate of the decedent for distribution under the laws of descent. This money is not liable for debts of decedent, but belongs exclusively to those named in the statute. Mayer v. Mayer,
We are of the opinion that the statute directs that this money should be divided as follows: One-third to the widow and one-sixth to each of the children.
Reversed.