MUSCALA v. WIRTJES

No. 51333.

310 N.W.2d 696 (1981)

Harriet MUSCALA, Appellant, v. Bernice WIRTJES, Personal Representative of the Estate of Edgar H. Karbo, deceased, Respondent.

Supreme Court of Minnesota.

October 9, 1981.


Attorney(s) appearing for the Case

Kurzman, Shapiro & Manahan, Marc G. Kurzman and Mary Wertz, Minneapolis, for appellant.

David M. Watson, Tyler, for respondent.

Heard, considered and decided by the court en banc.


WAHL, Justice.

This is an appeal by plaintiff Harriet Muscala from an April 9, 1980, order of the Lincoln County District Court directing that summary judgment be entered in favor of the defendant. The judgment denied the general claim of Harriet Muscala against the estate of the decedent for funeral expenses, holding that the estate comprised a homestead and was therefore exempt from this claim under Minn.Stat. §§ 510.01, 510.07 (1980). We reverse.

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