MATTER OF ESTATE OF CONGDON

Nos. 51335, 51721 and 51883.

309 N.W.2d 261 (1981)

In the Matter of the ESTATE OF Elisabeth M. CONGDON, a. k. a. Elisabeth Mannering Congdon, Deceased. Marjorie CALDWELL, Appellant, v. Suzanne LeROY, Heather LeRoy, Rebecca LeRoy Williams, Children of Marjorie Caldwell, Respondents. In the Matter of the ESTATE OF Elisabeth M. CONGDON, a. k. a. Elisabeth Mannering Congdon, Decedent. In the Matter of the Living Trust of Elisabeth M. CONGDON Created by Agreement of September 18, 1974, as amended by Agreements dated July 11, 1975 and December 29, 1976. In the Matter of the Trust Created under the Last Will and Testament of Chester Adgate CONGDON, a. k. a. Chester A. Congdon, decedent. In the Matter of the Trust Created by Indenture of August 3, 1916, between Chester A. CONGDON, and others, known as the Congdon Trust.

Supreme Court of Minnesota.

Rehearing Denied September 22, 1981.


Attorney(s) appearing for the Case

Meshbesher, Singer & Spence, Ronald I. Meshbesher and Carol Grant, Minneapolis, Frank R. Berman, Beverly Hills, Cal., for Caldwell.

Johnson, Fredin, Killen, Thibodeau & Seiler and Joseph B. Johnson, of Hanft, Fride, O'Brien & Harries, P. A. and Tyrone P. Bujald, Duluth, for trustees.

Henson & Efron, P. A. and Alan C. Eidsness, Stephanie Willbanks and Richard B. Solum, of Delaney, Thompson & Solum, Minneapolis, for Andrew LeRoy.

Earl B. A. Isenee, Edina, for Audrey LeRoy.

Hanft, Fride, O'Brien & Harries and Tyrone Bujold, Duluth, for Jennifer C. Johnson.

Delaney, Thompson & Solum, Minneapolis, for LeRoy, et al.

Considered and decided by the court en banc.


SCOTT, Justice.

This is a consolidated appeal of three causes of action arising from the death of Elisabeth M. Congdon (Ms. Congdon), who was murdered on June 27, 1977. Jennifer Johnson, one of Ms. Congdon's two daughters, filed a petition with the St. Louis County Court, Probate Division, seeking to admit to probate Ms. Congdon's last will and testament dated December 29, 1976, and a two-page document disposing of specific items of personal property.

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