IN RE ESTATE OF MAGNUS

No. C3-89-117.

444 N.W.2d 295 (1989)

In re ESTATE OF Dorothy B. MAGNUS, Deceased.

Court of Appeals of Minnesota.

August 29, 1989.


Attorney(s) appearing for the Case

William A. Lindquist, Winona, for appellants.

E. Joseph LaFave, Tammy L. Pust, Best & Flanagan, Minneapolis, for respondent Joseph Fleishman.

R. Joel Tierney, Office of The University Atty., Minneapolis, for respondent University of MN Theatre Foundation.

Leo F. Murphy, Streater, Murphy, Gernander & Forsythe, Winona, for respondent Karl F. Conrad, Personal Representative.

Robert C. Skemp, Hale, Skemp, Hanson & Skemp, La Crosse, Wis., for respondent St. Mary's College.

Heard, considered and decided by SCHUMACHER, P.J., and FORSBERG and HUSPENI, JJ.


OPINION

FORSBERG, Judge.

Donald and Gerald Sweeney appeal from an order of the probate court finding a specific devise to a trust adeemed under Minn.Stat. § 524.2-607 (1986). We affirm in part, reverse in part and remand.

FACTS

Dorothy B. Magnus died testate on August 17, 1988, at the age of 85. By order dated October 5, 1988, Magnus' last will and testament and the first codicil thereto (hereinafter, the "will"), were formally admitted...

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