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IN RE ESTATE OF MAGNUS

No. C3-89-117.

436 N.W.2d 821 (1989)

In re ESTATE OF Dorothy B. MAGNUS, Deceased.

Court of Appeals of Minnesota.

March 14, 1989.

Attorney(s) appearing for the Case

William Lindquist, Winona, for appellants Donald and Gerald Sweeney.

Scott Eller, Best & Flanagan, Minneapolis, for respondent residuary beneficiary Joseph F. Fleischman.

Considered at Special Term and decided by WOZNIAK, C.J., and HUSPENI and CRIPPEN, JJ.

SPECIAL TERM OPINION

WOZNIAK, Chief Judge.

FACTS

The personal representative for the estate of Dorothy Magnus petitioned the trial court for an order determining whether a bequest had been adeemed. The motion was set for hearing and notice was duly given. Appellants Donald and Gerald Sweeney failed to appear at the hearing. By order on December 21, 1988, the trial judge ruled the bequest was fully adeemed and failed in its entirety because the...

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