The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1901-07-13
RIGHTS OF COUSINS
HENNEPIN COUNTY COURT Is UP
HELD BY SUPREME
JUSTICES
LAFAYETTE wooDwARDs WILL
Estate of Deceased Bachelor Dis
puted by Relatives Was Worth
Observation-Disclosures Pa
cifc Case

Two decisions which were handed down
Yesterday complete the work of the SUI
prene court for the spring term recently
closed, and there will now be a suspen-
SION Oh business until the opening of the
Iall term, Oct. 1. The members of the
bench are stin in the city, but within a
lew days most of them and their stenog-
raphers ,fwill leave for the long summer
vacations as is customary. The office of
the clerk will be kept open during the
summer, but the employees will as usual
each be given vacation in turn.
The more important of the decisions OF
yesterday, both Of which were by Justice
Collins, were in the matter of the estate
OF Lafayette Woodward, deceased, in
which the court very clearly enuneiates
certain rules to he followed by probate
courts in the construction of wills. up-
holding both of the lower courts in this
particular case.
The features of contention in the case
We're set forth at some length in the
o b e at the time the case was pre-
scented before the supreme court. La
1ayette Woodward, a bachelor, whose
place of residence had been Minneapolis
dled at the age Of seventy-eight years.
leaving an estate estimated at $500 600 a.
greater portion Of which was in stocks,
bonds and cash. He left neither father,
mother, sister or brother, and his near
est of kin were cousins. There were TWEEN
ty first cousins then living beside nurner-
Gus children and grandchildren of cousins
living and dead.
Mr.. Woodward made a will only three
days prior to his death in which he d.
rected that his property should be divided
among the heirs according to the laws
of Minnesota at the time of his death,
'the child or children of any deceased
parent to take the share of such parent
by right Of representation" The second
cousins or children of first cousins who
were deceased at the time of the testa-
tors death We're permitted to share in the
estate, but a large number of third cou-
SINS children of deceased children of
deceased first cousins, were excluded.
The case was taken to the district court
OF Hennepin county and finally to the
supreme court as stated, the third cou-
sins referred to appealing on the ground
that they should be permitted to share.
and the first cousins on the ground that
the second cousins should be excluded
and only the surviving first cousins should
participate in the division of the prop
erty.
NORTHERN PACIFIC CASE.
In the other decision Justice Collins
reverses the district court of Wadena
county in the case of the Northern Pa
chic Railway company, respondent. vs..
Abner Townsend and Minerva Townsend
and Joseph Holocock. Under the home
stead laws the defendants entered upon
12O acres of land within the land grant
Of the Northern Pacific road in Wadena
county The lower court restored the title
to the railroad company. Justice Collins
holds that the title goes to the home
steaders by virtue of their having had
undisputed possession for more than fif-
teen, Years, the claims of the road being
voided by the statute of limitations.
The syllabi in both cases follow:
In re estate of Lafayette Woodward. de-
ceased. George w! Yates as executor
ct AL, respondents, 1S6 VS. 1858; Minerva
Shorn ct al. appellants.
s., /. The cardinal rule in the construction
of Wills, to which all others must bend
is that the intention of the testator ax-
pressed in the instrument shall prevail
provided that it be consistent with the
rules of law. A court is bound to give
that construction which viii effectuate
the intention, If such intention can be
gathered from the terms of the will it.
SELF and the intention is to be gathered
from everything contained within the
four corners of the instrument
2. In the absence of a contrary intent
words descriptive OF the objects of a
gift refer to the death of the testator,
and not to the date of his will or period
" IIo C|NSSuLiOh' L nus, ullueI d SllL 10
iuctuating classes, as children or de-
scendants, all who answer the description
at the death of the testator are entitled.
irrespectively Of those to whom the de-
scription was applicable at the date of
the will, but who subsequently died IN
the testator's lifetime.
8. The words Child" or children" in
legal and common parlance do not in
clude 'grandchild' or grandchildren,
or any others than the immediate de-
scendants in the first degree of the per
son named as ancestor.
4. A last will and testament contain
ed the following residuary clause: IAN
the rest. residue and remainder of my
estate, real, personal and mixed, of which
| shall die seized, wheresoever situated,
[ give, devise and bequeath to the same
persons and in the same proportions as
my said estate would descend under or
according to the laws of the state Of
Minnesota as existing at the time of
my death-the child or children of any
deceased parent taking the share of such
parent by right of representation
The words Child" or "children" con-
.strued in a case where under the laws
of the state, G. S. 1894 section All, sub
division G. the next of kin We're first
cousins, and surviving the deceased We're
children of first cousins who had pre-
viously died and also grandchildren and
grandchildren of living, as well as
deceased, first cousins. Held, that the
words child or children included and
comprehended TALL of the immediate de-
scendants,- in the first degree of first
cousins deceased at the time of the death
of the testator Order affirmed
Collins, ].