The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1902-04-26
FEW DREW COMFORT
The Supreme Court Affirms
Eleven Out of Fifteen
Appealed Cases
WILL OF COL. MERRIAM
Effort of Mrs. Egg1eston to Reopen
1t QEashed by COurt-New Trial
for w. r.. Merriam in
Land Case.
WILL OF COL. MERRIAM

Opinions in Is cases were handed down
by the supreme court of Minnesota yes
terday, in only four of which the decision
of the lower court is reversed.
Justice Lovely aff1rms the order of the
Ramsey county district court, which in
effect quashes the effort of Mrs. Carrie
S. EggleSton to reopen the will of the
late John L. Merriam. Mrs. EggIeston,
a sister of Col. Merriam, was provided
an annuity of $500 per year by the terms
of the will, and twelve bonds of the Su-
perior Water, Light & Power company
were set aside for that purpose. Mrs.
Eggleston alleges that the amount set
aside was insufficient.
Justice Lovely says that since it ap-
peared in the judgment of the trial court
that these bonds would be sufficient to
produce the required annuity for several
years to come, it was not required to go
further and impose obligations upon 9TH
er funds which had been previously dis
tributed.
Judge Lewis reverses the verdict of the
Ramsey county court in the case of Will
liam r. Merriam against J. A. Johnson,
ordering a new trial of the case, and
holding that real estate agent who in
duceS an owner to fix a net price upon
a piece of property upon the supposition
that 1t is to be sold to a third party can
not himself purchase the property and by
the transaction realize greater profit
than a reasonable commission on the next
net price.
Merriam owned a section of land in
Stevens county, and employed Johnson as
agent to collect rents and look after the
property. In 1897, Johnson submitted os-
tensibly on behalf of client, an offer
of $3.50 for the land. Gov Merriam of
fered to take $4,000 net.
Negotiations fell through, but were re-
opened in 1888 by Johnson, who, after
writing various discouraging letters con-
corning the condition of the land, and
saying it would be difficult to sell it for
more than So per acre. Gov. Merriam
thought the land worth at least SIS an
acre, but agreed to accept Sc, 400 net for
the section, stating explicitly that he
would pay no commission on that price
Johnson submitted the name of Mealon
Cousins, of Norris, as the purchaser, and
asked that the consideration in the deed
be made $1O00G Merriam refused and the
consideration was made ISL and other
valuable conSideratio TONS"
1t afterward developed that johnson
was the real purchaser; that Cousins had
Immediately decided the land to him. and
that he in turn on the same day had sold
1t to another party for SIC per acre, max
ing $3.50 by the transaction
When Gov Merriam heard of this he
began suit to recover the Sc per acre
from Johnson
Justice Brown affirms the order of the
Clay county court in the case of Norris
K. Griswold against the Great Northern
road, finding that plaintiff did not exer-
else proper care and is not, therefore en-
titled to damages
Syllabi of the cases:
Action Was Premature.
Carrie G. Eggleston, appellant, VS.. Will
nam K; Merriam ct AL, respondents
| L. Eggleston VS. Merriam SO Mimi, J6,
followed to the effect that where a fund
had been set apart by trustees under a
Will to furnish an annuity to legatee
| the corpus of such fund may be resorted
! to upon the failure of the same 20 pro
| duce the requisite income.
| 1t appearing that the fund set apart
! to furnish the annuity of the legatee is
sufficient for several years to accomplish
that purpose in the Judgment of the trial
| court, it was not required to go further
and impose obligations upon other funds
which had been previously distributed
8. Held that an action 10 charge ether
| funds than that set apart specifically for
| the legatee under the evidence in this
case was premature. Order affirmed