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WEBER v. ANDERSON

No. 47787, 47891.

269 N.W.2d 892 (1978)

William Joseph WEBER, a Minor, by Clarice Weber, His Mother and Natural Guardian, a Minor, by William Weber, Jr., Her Parent and Natural Guardian, Appellant, v. Florence E. ANDERSON, Personal Representative of the Estate of Grant A. Anderson, Deceased, Respondent.

Supreme Court of Minnesota.

August 18, 1978.

Attorney(s) appearing for the Case

Kelly & O'Leary, J. Brian O'Leary, Springfield, for appellant.

Gislason, Dosland, Malecki, Gislason & Halvorson, Daniel A. Gislason, New Ulm, for respondent.

Heard before PETERSON, SCOTT, and WAHL, JJ., and considered and decided by the court en banc.

PETERSON, Justice.

This appeal presents a single question: Whether a paternity action under Minn.St. 257.251 to 257.33 may be commenced after the death of the putative father to allow inheritance under Minn.St. 525.172. It is an issue of first impression in this state. The district court held that the paternity action did not survive the putative father's death and granted summary judgment accordingly. We conclude otherwise and reverse.

The complaint alleges...

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