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IN RE ESTATE OF McCUE

No. CX-89-809.

449 N.W.2d 509 (1990)

In re The ESTATE OF Willard S. McCUE, Deceased.

Court of Appeals of Minnesota.

January 2, 1990.

Attorney(s) appearing for the Case

Charles K. Frundt, Blue Earth, for appellant, John McCue.

Bailey W. Blethen, Mankato, for respondent, Mark McCue.

Heard, considered and decided by HUSPENI, P.J., and SHORT and KLAPHAKE, JJ.

OPINION

KLAPHAKE, Judge.

Decedent's will was admitted to formal probate October 11, 1988. On February 21, 1989, appellant moved the probate court for vacation of the order on the grounds of excusable neglect in having not earlier filed objections to the will. The court granted appellant's motion limited to a contest on the execution of the will, and denied a hearing on claims of undue influence and lack of testamentary capacity. Appellant challenges the...

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