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APPEAL OF O'ROURKE

Nos. 44565, 44575 and 44622.

220 N.W.2d 811 (1974)

Appeal of Kathleen Sharpe O'ROURKE from an Order of Dakota County Probate Court, Declaring Valid the Antenuptial Contract and Denying Maintenance in Estate of Leo Francis O'Rourke, a. k. a. Leo F. O'Rourke and Leo O'Rourke. Appeal of Theresa M. O'ROURKE from an Order of the Probate Court of Dakota County Denying Maintenance and Setting Apart of Homestead and Personal Property in the Estate of Leo Francis O'Rourke, a. k. a. Leo F. O'Rourke and Leo O'Rourke. Harvey STOLP, Petitioner, v. Marie SCRIMSHAW, Respondent.

Supreme Court of Minnesota.

Rehearing Denied July 12, 1974.

Attorney(s) appearing for the Case

Richard C. Smith, Minneapolis for Kathleen O'Rourke.

Christensen & Christensen, Joseph H. Rivard, Nord, Webster & Brennan, St. Paul for Theresa O'Rourke.

Clifford F. Hansen, Minneapolis, for Stolp.

Grannis & Grannis and David L. Grannis, Jr., South St. Paul, for respondent Estate of Leo F. O'Rourke.

Hartke, Atkins & Montpetit and Joel A. Montpetit, South St. Paul, Kendall Ellingson, Minneapolis, for Scrimshaw.

C. Paul Jones, Public Defender, Law School, Univ. of Minn., Minneapolis, Mark W. Peterson, Asst. State Public Defender, St. Paul, Frundt & Frundt, Blue Earth, Warren Spannaus, Atty. Gen., Jonathan Morgan, Sol. Gen., Peter W. Sipkins, Asst. Sol. Gen., James B. Early, Sp. Asst. Atty. Gen., St. Paul, amicus curiae.

Considered and decided by the court en banc.

PETERSON, Justice.

Applications have been duly made by appellants in these and other like cases for "leave to appeal" from decisions of district courts acting in an appellate capacity upon matters initiated and tried in county courts, all as provided by the County Court Act, L.1971, c. 951, codified as Minn.St. c. 487.

The propriety of this court's discretionary act in granting or denying these applications for...

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