In re Estate of Ploetz
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Citation treatment has not been reviewed for this case. The notes below come from the citation graph and the Minnesota Revisor's amendment records, not from a review of how later courts treated this decision.
(as of 9/30/2026)
Last cited by a Minnesota appellate court in 1959, among the opinions in this site’s citation index.
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Cases that cite this one
3 later published cases cite this decision.
- Gabel v. Ferodowill (Minn. 1959)
- Grier v. Estate of Grier (Minn. 1958)
- In re Estate of Kees (Minn. 1939)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
This will contest is here on attempted appeal from an order of the district court, made when the case was there called for trial, dismissing the appeal of Bertha Otting, proponent, to the district court from the order of the probate court denying probate of the supposed will.
Under the statute, G. S. 1923 (2 Mason, 1927) § 89S8, the appeal from the probate court to the district court stood for trial de novo *396 in tlie latter tribunal. The mere order of dismissal there was not appealable. Graham v. Conrad, 66 Minn. 470, 69 N. W. 215; Thompson v. Berg, 151 Minn. 560, 187 N. W. 703. If appellant wanted review here of that decision, our procedure required either a motion for a new trial or the entry of judgment of dismissal. In the one case an appeal could be taken from the order denying a new trial, and in the other from the judgment.
Respondent’s motion to dismiss the appeal must be granted.
So ordered.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.