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KELLY v. KELLY

No. 45094.

229 N.W.2d 526 (1975)

Thorval KELLY, Ward, by Kenneth E. Kelly, His General Guardian, Appellant, v. Gertrude KELLY, Executrix of the Estate of Milton M. Kelly, Deceased, et al., Respondents.

Supreme Court of Minnesota.

May 23, 1975.

Attorney(s) appearing for the Case

Grose, Von Holtum, Von Holtum, Sieben & Schmidt, and Paul L. Pond, Worthington, for appellant.

Dorsey, Marquart, Windhorst, West & Halladay and Thomas W. Tinkham, Minneapolis, for respondents.

Heard before SHERAN, C. J., and TODD and SCOTT, JJ., and considered and decided by the court en banc.

SCOTT, Justice.

Plaintiff appeals from a summary judgment of the Hennepin County District Court entered pursuant to an order granting defendant's motion therefor upon the bases that there exist no possible material questions of fact and that maintenance of the action would constitute a collateral attack upon an order of the Renville County Probate Court dated April 12, 1939. We affirm.

The farm in dispute was owned by Thorval Kelly, his brother, Milton Kelly...

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