The Saint Paul globe., 1897-08-18
JUDGE OTIS FINDS THAT JUDGE
WILLRICB'S DECREE WAS
ERRONEOUS.
FREDERICK J. WILL LOSES
IN THE LONG CONTEST FOR THE
PROPERTY OF HIS
SISTER.
rHE SISTERS OF ST. BENEDICT
Entitled, Under the Last Ruling, to
the Property as Provided in
the Testament.

Judge Otis filed an order yesterday
uuashing the final decree of distribu-
ton of the estate of Katherine VIII.
The matter was heard and submitted
to the district court upon writ of GER
tiorar requiring Judge Willrich of the
probate court to make return to the
district court of all the proceedings in
the case had in the probate court.
Judge Otis finds and adjudges that
the probate court and the judge there
of committed error in making and en-
tering the final decree of distribution
of the estate of Katharine viii, and
that the decree is erroneous in this,
that said decree of distribution assigns
and sets over all the real estate of
Katharine Will, deceased, to Frederick
J. VIII, one of the two devisees, to
whom in equal proportion by the last
will of Katharine Will said real estate.
subject to life estate to her husband
therein, was devised. The other de-
visee was Minke E. VIII, deceased, the
sister of Frederick Will. Minke Will
died before her father, leaving a will
devising her interest IN the estate to
the order of the Sisters of st. Bene-
dict The probate court adjudged that
Minke Will and the Order of the Sisters
of St. Benedict, claiming under the will
of the latter, has not and never had
any vested interest or estate in the
estate of Katharine Will.
Judge Otis holds that the probate
court should have adjudged that Fred
erick VIII and the Order Of the Sisters
of St. Benedict were entitled to take
iT a
proportions and share alike and should
have made a final decree distributing
the estate to them as tenants in COM
mon, or should have made partition
thereof into two equai parts and as
signed one part to Frederick j. VIII
and the other to the Order of the Sis
tiers of st. Benedict.
To the end that the error may be
corrected, Judge Otis orders that the
final decree of the probate court be
quashed.
In the absence of Judge Willrich
from the city all proceedings under
the order are stayed for twenty days
from the date thereof.
In a memorandum accompanying the
order Judge Otis says:
AS il seems to me the questions raised by
the respondent in this matter have been de-
cided adversely to him by our supreme
court l have been in some doubt
as to Just what form the decree should take
The facts here differ from those existing in
the cases cited. The devisee (AIinke E. Wild
is dead There is controversy as to VINO
succeeds to her interest in the property, for
it has been determined both in the probate
court, and on appeal to the supreme court,
that the relator, the order of the Sisters of
St. Benedict is her sole devisee. The life
estate has become extinguished and the whole
f1re -aSt of ha afriY iS n
of partition or other action affecting the
property Just as in applying for the writ of
certiorari IN t,Iis matter, it is necessary
for the order of the Sisters of ST. Benedict
to participate and it is proper and necessary
under the circumstances. for the probate court
to recognize its status.