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BARRETT v. MACDONALD

No. 38,250.

264 Minn. 560 (1963)

121 N.W. (2d) 165

SUSAN P. BARRETT v. ALICE P. MACDONALD AND OTHERS.

Supreme Court of Minnesota.

February 21, 1963.

Attorney(s) appearing for the Case

John D. Jenswold, Reavill, Jenswold, Neimeyer & Johnson, Samuel S. Gill, and Thelen, Marrin, Johnson & Bridges, for appellant.

Edwin A. Martini and Martini, Perkins, Harper & Gustafson, for respondent Macdonald.

Herbert M. Burns and Wheeler, Burns & Buchanan, for respondent administrator c.t.a.

John G. Cedergren, for respondent executor.

UPON REARGUMENT

OTIS, JUSTICE.

Appellant, Susan P. Barrett, seeks review of a judgment allowing an amendment to a final decree of distribution entered in the probate court of St. Louis County whereby the sale of 1,594 shares of stock was treated by the administrator as an advance to appellant who was one of the residuary legatees.

The principal issues for determination are: (1) Whether the probate court's failure to give effect to a stipulation in...

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