IN RE ESTATE OF ABESY

No. C1-90-2552.

470 N.W.2d 713 (1991)

In re ESTATE OF James F. ABESY, Deceased.

Court of Appeals of Minnesota.

May 28, 1991.


Attorney(s) appearing for the Case

Marie S. Hitchcock, St. Paul, for respondent, Estate of James F. Abesy.

James R. Bell, Robert H. Tennant III, St. Paul, for respondent, Stodolka.

William A. Cumming, Minneapolis, for appellant.

Considered and decided by KLAPHAKE, P.J., and FORSBERG and NORTON, JJ.


OPINION

KLAPHAKE, Judge.

Appellant Donald Edwards challenges the trial court's order directing the personal representative of his uncle's estate to pay Edwards' intestate share to respondent, a judgment creditor, rather than to Edwards' heirs-at-law. Edwards contends the order is void because it is based upon a lapsed garnishee summons and because he disclaimed all interest in the estate. We reverse.

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