In Re Estate of Notestein

Supreme Court of Minnesota

In Re Estate of Notestein

223 N.W. 147, 176 Minn. 251, 1929 Minn. LEXIS 1288

CourtSupreme Court of Minnesota

DecidedJanuary 25, 1929

DocketNo. 26,869.

StatusPublished

This text of 223 N.W. 147 (In Re Estate of Notestein) is published on Counsel Stack Legal Research, covering Supreme Court of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In Re Estate of Notestein, 223 N.W. 147, 176 Minn. 251, 1929 Minn. LEXIS 1288 (Mich. 1929).

Pincite

Opinion

Dibell, J.

The claimant, J. H. Marr, presented his claim against the estate of Frank Notestein to the probate court of Hennepin county. It Avas disalloAved. On appeal to the district court, Avhere there was a trial de novo, there were findings for the claimant in the sum of $925. The administrator of the estate, Ernest S. Lombard, appeals from the order denying his motion for a new trial.

On September 1, 1925, one Laura Matson, as lessor, entered into a lease with one Vinnie M. Smith, as Jessee, and Shirley C. Smith and Frank W. Notestein, as sureties for the lessee, wherein the lessor leased property in Minneapolis for one year and the lessee agreed to pay $85 per month during a part of the time and $100 during part of the time. Prior to the execution of the lease, the lessee was informed that the premises would not be leased to her until she procured other signers as sureties. Frank W. Notestein *252 and Shirley C. Smith signed as sureties.. The lessee occupied the premises for one year after September 1, 1925. On October 1, 1925, Laura Matson, lessor, assigned to J. H. Marr the rents to become due commencing October 1, 1925. Due notice was given to all the parties, including Notestein. No part of the rent was paid after the assignment except $85, leaving $925 due. Notestein died on January 31, 1926, and Lombard'was appointed administrator.

The evidence sustains the finding that the decedent, Notestein, signed as surety for the lessee. It is sufficiently proved that Laura Matson assigned the rents to Marr. We find nothing in the record indicating that either Matson or Marr did anything to release Note-stein while living or his estate after his death. Whatever of dispute there is between the parties as to the nature of the original transaction or as to the subsequent acts of Matson and Marr is settled adversely to the representative of the estate by the finding of the trial court.

Order affirmed.

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Dibell, J.

The claimant, J. H. Marr, presented his claim against the estate of Frank Notestein to the probate court of Hennepin county. It Avas disalloAved. On appeal to the district court, Avhere there was a trial de novo, there were findings for the claimant in the sum of $925. The administrator of the estate, Ernest S. Lombard, appeals from the order denying his motion for a new trial.

On September 1, 1925, one Laura Matson, as lessor, entered into a lease with one Vinnie M. Smith, as Jessee, and Shirley C. Smith and Frank W. Notestein, as sureties for the lessee, wherein the lessor leased property in Minneapolis for one year and the lessee agreed to pay $85 per month during a part of the time and $100 during part of the time. Prior to the execution of the lease, the lessee was informed that the premises would not be leased to her until she procured other signers as sureties. Frank W. Notestein *252 and Shirley C. Smith signed as sureties.. The lessee occupied the premises for one year after September 1, 1925. On October 1, 1925, Laura Matson, lessor, assigned to J. H. Marr the rents to become due commencing October 1, 1925. Due notice was given to all the parties, including Notestein. No part of the rent was paid after the assignment except $85, leaving $925 due. Notestein died on January 31, 1926, and Lombard'was appointed administrator.

The evidence sustains the finding that the decedent, Notestein, signed as surety for the lessee. It is sufficiently proved that Laura Matson assigned the rents to Marr. We find nothing in the record indicating that either Matson or Marr did anything to release Note-stein while living or his estate after his death. Whatever of dispute there is between the parties as to the nature of the original transaction or as to the subsequent acts of Matson and Marr is settled adversely to the representative of the estate by the finding of the trial court.

Order affirmed.

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Bluebook (online)

223 N.W. 147, 176 Minn. 251, 1929 Minn. LEXIS 1288, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-estate-of-notestein-minn-1929.