LIDSTROM v. MUNDAHL

No. 46061.

246 N.W.2d 16 (1976)

John LIDSTROM, as Executor of the Estate of Palma K. Lidstrom, and John Lidstrom, Individually, Appellant, v. Donald S. MUNDAHL, Guardian of Emma Nestande, Incompetent, et al., Respondents.

Supreme Court of Minnesota.

August 13, 1976.


Attorney(s) appearing for the Case

Nelson & Nelson and Laurence M. Nelson, St. Paul, for appellant.

Willette, Kraft & Walser and Donald H. Walser, Olivia, for respondents.

Heard before ROGOSHESKE, PETERSON, and YETKA, JJ., and considered and decided by the court en banc.


ROGOSHESKE, Justice.

Plaintiff, John Lidstrom, as administrator of his wife's estate and individually, sought construction of written instruments concerning certain Renville County farmlands and a partition or sale thereof. He appeals from a summary judgment dismissing his declaratory judgment and partition action on the ground of failure to state a claim upon which relief could be granted. The court, concluding that there was no genuine issue as to any material fact...

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