Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1882-12-16
In the matter of TIE estate of Stephen
Desnoyer, deceased, Sally resnoyer, re-
cnop1ant VIC Merv Jordop ~ ,l

Al 'no ndetef VI t-e eSCdIe Oh StePne0
Desnoyer, deceased, Sally resnoyer, re-
spondent, VS.. Mary Jordan, ct al, appel
la1ts.
syllabus-In May, 1873, Stephen Des-
meyer and Sally Desnoyer entered into an
anti-nuptiai contract, whereby, in consider
alton Of the contemplated marriage, he
granted to her. among other things, an
annuity Of $500 per amt N during the
time Of her natural life, which was made a
charge upon his estate and lands, and in
consideration thereof she released all
Der right OF dover, and all her interest or
claim of any KIND in his estate, except as
to the provisions made for her rs afore-
said. After their marriage Stephen died
interstate, leaving Sally, his widow, surviy-
ing him. The probate court upon petition
of tine widow. made an allowance to her OF
500 per month for her maintenance dur
ing The settlement of the estate, pursuant
to the provisions of sec. 1, Oh. 81, Gen.
Statute 1878. No exception was ever taken
to this order ard this allowance was paid
by the administrator during the settlement
OF the estate without objection from any
one; and his accounts showing such pay
ments were approved and allowed by the
PAOOoSO SOOlG duO liz dpD0d1 WdS CNCT
taken from such action of the court.
Held, That these payments having been
made and received under the statute,
cannot now be applied as payments upon
the widows annuity under the anti-nuptial
contract. 1t is wholly immaterial that &C.
cordiEg to the terms Of this contract she
may not have been entitled - any al
lowance under the statute. If the order
OF the court in that regard was erroneous
the remedy of the heirs was by appeal to
the district court, or by application to the
probate court to have the order revoked.
Held, also, That it was competent for
the probate court to make decree assign
ing the real estate to the heirs subject to
the charge of the annuity to the widow,
and such court was not req lired to retain
control and custody OF such real estate
during the life of the widow for the pur-
pose of raising funds with which to pay
the successive installments of the annuity
as they might become due. That the
whole real estate being charged with the
payment of this annuity, is was just as &C.
cessible for such purpose in the hands of
the heirs. as in the hands of the adminis-
traitor, and hence the decree assigning the
property to the heirs in no way preiudiced
tho rights of the widow.
Judgment modified and cause remanded.
MITCHELL. j.
Janus G. Stord, IL spondent, We. George
Stappei, Jr.. appellant.
SyRabus-Held, That under the evidence
and instructions of the court in this case.
the verdict of the jury necessarily estab-
lished the facts:
First. That the relation of landlord and
tenant never existed between the parties
to this action.
Second, That the shelving and drawers
described in the complaint we're erected
and placed in defendants building by
plaintiff under license rom defendant,
and under and agreement that
plaintiff might remove the same at
pleasure. Hence they never
became part of the realty, but preserved
their character as the personal chattels of
plaintiff.
Held also, That having been erected and
placed in defendants building under this
license and agreement, and being capable
of being severed and removed without ma
terial injury to the building, an action for
their wrongful conversion and to recover
their value will be against the defendant
after demand upon him for permission to
remove the same, and a refusal on his part.
although they are still attached to the
building and have not been disannexed.
/ Order denying a new trial affirmed.
MITCHELL, J.