New Ulm weekly review. [volume] (New Ulm, Minn.) 1878-1892, 1888-03-14
Probate Laws Of Minnesota.

Probate Laws OF Minnesota.
On the request of many readers the
Review commences to publish extracts
| from the Probate laws of this state
which are of general interest to all those
in possession of real ar personal prop
erty. In doing SO we will only men
ton the fact that according to estimates
and statistics all titles to real estate, on
an average, pass the Probate court every
% years, which demonstrates the i'm.
portance of transactions in said court.
The following are few of the points
regarding
Every person of full age and sound
mind, being seized in his own right of
anr lands, or entitled to any interest
therein descendible to his heirs. may
devise and dispose of the same by his
last will and testament in writing; and
all such estate not disposed of by will
shall descend as the estate of an intes-
tate, being,chargeable in both cases with
the payments of all debts and any
married woman may devise or dispose
of any real or personal property held
by her, Or to which she is entitled in
her own right, by her last will and tes-
lament in writing, and may alter or re.
woke the same in like manner as if she
was unmarried.
Every person of full age and sound
mind may, by his last will and testa-
ment in writing, bequeath and dispose of
all his personal estate remaining at his
decease, and all his right thereto and
interest therein; and all such estate not
disposed of by the will shall be admin
istered as intestate estate.
No will, except such nuncupative
wills as are hereinafter mentioned, shall
be effectual to pass any estate, real or
personal, or to charge, or in any way
affect the same, unless it is in writing,
and signed at the end thereof by the
testator or by some person in his pres
ence and by his special direction, and
attached and subscribed in his person
by two or more competent witnesses.
No nuncupative or unwritten will,
bequeathing personal estate, is valid,
unless made by soldier while in actu-
al military service, or by q mariner
while at sea.
All beneficial devises, legacies and
gifts, made or given in any will to a
subscribing witness thereto, are void,
unless there are two competent sub
scribing witnesses to the same.
Every person having the custody of
any will shall within thirty days after
he has knowledge of the death Of the
testator, deliver the same into the pro-
bate court which has the Jurisdiction of
the case, oreto the person named in the
will as executor. If in possession of the
executor the latter has to deliver the
same within thirty days and within that
period signify to the court his accept
ance of the trust, or make known in
writing to such court his refusal to ac-
cept it.
No will is effectual to pass either
personal or real estate, unless it is duly
proved and allowed in the probate
court, as provided by law, or, on ap-
peal, in the district court.
An attested copy of every will devils
ing lands or any interest in lands, and
of the probrate thereof, shall be re-
corded in the registry of deeds of the
county in which the lands lie.
Judge Gary, of Wisconsin. gives the
following advise about making wills:
l. Do not wait until you are about to
die. Make your will while in full pos
session of all your faculties, as you
want it if you were going to be shot to-
morrow
If you desire to create any trust, or
make special provisions for other than
direct and absolute gifts, consult an ex-
perienced lawyer.
8. Ii the provisions OF your will, or
the settlement of your estate, will in
volve the sale of real estate, appoint
an executor Cor executors) in whom
you have confidence, with power and
authority to sell and convey, or devise
it in court, to be sold for the required
purposes.
The following is a short form of a
will which answers the purpose in ordi-
nary cases.
I, A. B. of the-of in the
County of State Of, being
of sound mind and memory, do make,
publish and declare this, my last will
and testament
First.-After the payment of my just
debts and funeral expenses, [ give, de-
wise and bequeath to (my. beloved wife,
C. b. all of my estate, of whatever
name, title or description, real, person
al or mixed.
Second do make, constitute and
appoint (my said wife, G. b. sole
(executrix) Of this my last will and
testament, hereby revoking all former
wills by me made.
In witness whereof I have hereunte
set my hand and seal, this - day of
--, -, A. D. 18--.
A. B. (SeaD
Signed, sealed, published and de-
clared by the said A. B. as and for his
last will and testament, in the presence
of us, who, at his request, in his presence,
and in presence of each other, have