In re Estate of Herrman

2 Citing cases

  1. In re Estate of Bernier

    131 N.W.2d 42 (Minn. 1964)

    "* * * Although the form of the notice mailed to appellants and their attorney could be improved upon, we think that the form and text of the notice was sufficient to put appellants and their attorney on notice of the filing of the order and decree in the probate court and to limit their time to appeal therefrom." In re Estate of Herrman, 159 Minn. 274, 198 N.W. 1001, assumed but did not decide that service of a certified copy of an order was sufficient to limit the time to appeal. The order of the probate court of Hennepin County allowing the will is included in the supplemental record filed by respondents and from the face of this order it appears that it was in fact filed on June 10, 1963, the same date on which it was executed by the judge of that court.

  2. In re Estate of Showell

    297 N.W. 111 (Minn. 1941)   Cited 2 times

    Where no notice of the filing of an order admitting a will to probate has been served by the prevailing party, an appeal "may be taken by any person aggrieved * * * within six months after the filing of such order * * *." 3 Mason Minn. St. 1940 Supp. § 8992-166; In re Estate of Herrman, 159 Minn. 274, 198 N.W. 1001; In re Estate of Jefferson, 167 Minn. 447, 209 N.W. 267. For the Volunteers, this six-months period expired in August before they had received actual notice of the order. Doubtless, they were entitled to notice from the probate court of the filing of its order admitting the Saucier will. 3 Mason Minn. St. 1940 Supp. § 8992-6.