SAMPLE v. DIFFERT

No. 43019.

206 N.W.2d 559 (1973)

J. Ivan SAMPLE, et al., Appellants, v. T. D. DIFFERT, etc., et al., Defendants, T. D. Differt, etc., et al., Respondents, L. P. Cooper, et al., Respondents, In re ESTATE of Eva SAMPLE, Decedent.

Supreme Court of Minnesota.

Rehearing Denied April 20, 1973.


Attorney(s) appearing for the Case

William J. Nierengarten, Austin, for appellants.

Haverstock, Gray, Plant, Mooty & Anderson, and Robert L. Helland, Minneapolis, Frogner & Smutny, Harmony, for Differt, et al.

Thompson, Hessian, Fletcher, McKasy & Soderberg and John J. McKasy, Minneapolis, for Cooper, et al.

Heard before KNUTSON, C. J., and OTIS, ROGOSHESKE, and SCHULTZ, JJ.


PER CURIAM.

By this consolidated action plaintiff-contestants challenge the appointment of a trustee and executor and seek to set aside a trust instrument, an amendment to it, and a will and codicil, on the ground they were the product of undue influence by the attorney and various children of settlor-testatrix. The trial court denied the relief sought by plaintiff-contestants and they appeal. We affirm.

On December 31, 1961, James M. Sample died leaving most...

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