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O'ROURKE v. O'ROURKE

No. 40982.

167 N.W.2d 733 (1969)

John G. O'ROURKE, general administrator of Estate of Minnie O'Rourke, decedent, Appellant, v. Edward P. O'ROURKE, aka Edward Joseph Staudt, Respondent.

Supreme Court of Minnesota.

May 2, 1969.

Attorney(s) appearing for the Case

LeVander, Gillen, Miller & Magnuson, South St. Paul, for appellant.

Grannis & Grannis, and Patrick A. Farrell, South St. Paul, for respondent.

Heard before KNUTSON, C. J., and NELSON, ROGOSHESKE, SHERAN, and FRANK T. GALLAGHER, JJ.

OPINION

OTIS, Justice.1

This is an action by the administrator of the estate of Minnie O'Rourke to recover certificates of deposit representing the proceeds of bank accounts decedent jointly held with defendant during her lifetime. The beneficiaries of the estate are defendant and two other sons of decedent. The jury found that defendant procured the joint accounts by means of undue influence. The trial court initially adopted...

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