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APPEAL OF O'ROURKE

No. 44575.

246 N.W.2d 461 (1976)

In re Appeal of Theresa M. O'ROURKE from an Order of Dakota County Probate Court 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.

Supreme Court of Minnesota.

October 1, 1976.

Attorney(s) appearing for the Case

David W. Nord, Rivard, Convery & Associates, St. Paul, for appellant.

Hartke, Atkins & Montpetit, Joel A. Montpetit, and M. Eugene Atkins, So. St. Paul, Robert I. Christiansen, St. Paul, Grannis & Grannis, So. St. Paul, and Larry Meuwissen, Minneapolis, for respondents.

Heard before KELLY, YETKA and SCOTT, JJ., and considered and decided by the court en banc.

MacLAUGHLIN, Justice.

Theresa O'Rourke appeals from a determination by the county court, affirmed by the district court, that she was not the surviving spouse of Leo O'Rourke because his earlier marriage to Kathleen Sharpe had never been terminated by divorce. We granted discretionary review to decide whether to recognize a presumption that the later of successive marriages is valid. In re Appeal of O'Rourke, 300 Minn. 158, 182, 220 N.W.2d...

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