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Jones Et Al. v. Jones Et Al.

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eBook details

  • Title: Jones Et Al. v. Jones Et Al.
  • Author : Supreme Court of Minnesota
  • Release Date : January 10, 1937
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 70 KB

Description

FIELD, Justice. This is a petition in equity brought in the Probate Court. The petitioners are Janet H. Jones and Margery Jones, respectively widow and daughter of Everett Jones, deceased, beneficiaries of a trust created by the will of said Everett Jones. The respondents are Bradford Jones -- son of Everett Jones by a marriage prior to his marriage to Janet H. Jones -- also a beneficiary of said trust, and the trustees of said trust -- the petitioner Janet H. Jones, and Frank H. Winter -- appointed under said will by the Probate Court. The petition alleges an improper payment to the respondent Bradford Jones of property of the trust by the trustees thereof, said Janet H. Jones and Louis E. Flye, now deceased -- who was succeeded in the trust by the respondent Frank H. Winter -- and contains prayers for specific relief in various forms and a prayer for general relief. The respondent trustees filed answers. The respondent Bradford Jones demurred to the petition on the grounds that if the payment alleged was made the trustees must account for it in their accounts and this Court has no jurisdiction in equity to entertain matters involving items of Probate Accounts until the accounts have been allowed, that the propriety of the payment from the estate as alleged is a matter to be settled on the accounts, and that the plaintiffs have full, complete and adequate remedy through adjudication of the Probate Accounts. This respondent, also, without waiving his demurrer, filed an answer. The demurrer was overruled. No appeal was taken from the order overruling the demurrer. The probate Judge then made findings of fact and reserved and reported all questions of law therein for consideration of the full court. G.L.(Ter.Ed.) c. 215, § 13. The pleadings and the findings of fact are made a part of the report.


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