Minkler v. Woodruff

• Decision Date: 01 January 1882
• Citation: 11 N.W. 296,12 Neb. 267
• Parties: JAMES D. MINKLER, ADMINISTRATOR OF THE ESTATE OF ARTHUR ROY MINKLER, DECEASED, PLAINTIFF IN ERROR, v. WILLIS W. WOODRUFF ET AL., DEFENDANTS IN ERROR
• Court: Nebraska Supreme Court

11 N.W. 296

12 Neb. 267

JAMES D. MINKLER, ADMINISTRATOR OF THE ESTATE OF ARTHUR ROY MINKLER, DECEASED, PLAINTIFF IN ERROR, v. WILLIS W. WOODRUFF ET AL., DEFENDANTS IN ERROR

Supreme Court of Nebraska

January 1, 1882

ERROR to the district court for Gage county. Heard below on demurrer to the petition, by WEAVER, J. Demurrer sustained and cause dismissed. The petition was as follows:

The plaintiff says: That on the 25th day of November, A. D 1879, the said Arthur Roy Minkler died in Beatrice, Gage county, Nebraska, intestate; that on the 14th day of May, A D., 1880, the said James D. Minkler was duly appointed administrator of the estate of the said Arthur Roy Minkler deceased; that the said deceased was seized of lands tenements and hereditaments, and of rights thereto and entitled to interests therein, and was the owner and possessed of personal property and choses in action at the time of his death; that the said deceased, at the time of his death, had no issue nor widow, and the said James D. Minkler was the father of the said deceased; that all the debts funeral charges and expenses in the administration of said estate have been paid, and the deceased had no family to provide expenses for the maintenance of; that the said James D. Minkler, father of the said deceased, and administrator of the estate of the said deceased, is the only heir of the said deceased, and is entitled to the residue of the said estate of the said Arthur Roy Minkler, deceased; that the said defendants, Willis W. Woodruff as executor of the last will and testament of Anna A. Woodruff, deceased, and Amos H Woodruff, Nodiah Woodruff, Henry Woodruff and Willis W. Woodruff, are uncles of the said Arthur Roy Minkler, deceased, and claim to have an interest in the residue of the real and personal estate of the said deceased; that the said Arthur Roy Minkler, deceased, was the only issue of the said James D. Minkler and Amelia Minkler; that the said Amelia Minkler died on the 9th day of April, A. D., 1876; and the said Arthur Roy Minkler and the said James D. Minkler were the only heirs of the estate of the said Amelia Minkler, deceased; that the following property remains of the estate of the said Arthur R. Minkler, deceased, to which the said James D. Minkler is the sole heir, to-wit: An undivided one-half of a tract of land, more particularly described as follows: commencing at a stake 1,134 feet north of the southeast corner of the west half of the northeast quarter of section 36, in township 13, range 7 west, thence north 81 feet, thence west 270 feet, thence south 81 feet, thence east 270 feet to the place of beginning, containing one-half acre in the county of Clay, and state of Indiana; also an undivided one-half interest in the northwest quarter of the northwest quarter of section 2, in township 13 north of range 7 west, containing 418 63-100 acres, in Clay county, Indiana; also an undivided one-half interest in lots number twenty-five (25) and twenty-six (26), in Shattack's third to the city of Brazil, Clay county, Indiana; also an undivided one-third interest of an undivided one-half interest in certain lands, hereditaments and appurtenances thereunto belonging, situate in the city of Minneapolis, county of Hennepin, and the state of Minnesota, the said property being formerly owned by Anna A. Woodruff, deceased, and by her...