Melstrom v. Terry

4 Citing cases

  1. Matter of Estate of Althen

    429 N.W.2d 745 (S.D. 1988)   Cited 3 times

    Further, an intermediate or first account of an executor or administrator from which no appeal is taken is binding, and cannot be impeached upon the final accounting. Melstrom v. Terry, 170 Minn. 338, 212 N.W. 902 (1927). This would be the situation even if the accounting were erroneous in some respects.

  2. In re Estate of Flora Woodworth

    292 N.W. 192 (Minn. 1940)   Cited 6 times

    This applies even to orders allowing intermediate accounts. Melstrom v. Terry, 170 Minn. 338, 212 N.W. 902. In the cases cited in In re Estate of Simon, 187 Minn. 399, 246 N.W. 31, the order allowing a final account of the representative of an estate is spoken of and considered as a judgment or equivalent thereto. It adjudges the amount due from the executor or administrator to the estate.

  3. In re Guardianship of Hoffman

    267 N.W. 473 (Minn. 1936)   Cited 2 times

    If not considered as a final account, it is nevertheless well settled in this state that an order allowing or disallowing an annual or partial account of an executor or guardian, where it is made on notice and after hearing in the probate court, is an appealable order. Watson v. Watson, 65 Minn. 335, 68 N.W. 44; Kittson v. St. Paul Trust Co. 78 Minn. 325, 81 N.W. 7; Wann v. Northwestern Trust Co. 120 Minn. 493, 139 N.W. 1061; Melstrom v. Terry, 170 Minn. 338, 212 N.W. 902; In re Trusteeship Under Will of Rosenfeldt, 185 Minn. 425, 241 N.W. 573. 2.

  4. In re Estate of Simon

    245 N.W. 31 (Minn. 1932)   Cited 12 times

    Such an order is final and stands as a judgment, and we hold the order sufficient as to the amount. Balch v. Hooper, 32 Minn. 158, 20 N.W. 124; Pierce v. Maetzold, 126 Minn. 445, 148 N.W. 302; Wold v. Peoples T. S. Bank, 179 Minn. 523, 229 N.W. 785; Lyngen v. Tessum, 169 Minn. 304, 211 N.W. 314; First T. S. Bank v. U.S. F. G. Co. 163 Minn. 168, 203 N.W. 612; Melstrom v. Terry, 170 Minn. 338, 212 N.W. 902. 2.