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IN RE ESTATE OF ROSENBERGER

No. C4-92-1237.

495 N.W.2d 234 (1993)

In re ESTATE OF David John ROSENBERGER, Deceased.

Court of Appeals of Minnesota.

February 2, 1993.

Attorney(s) appearing for the Case

Donna J. Blazevic, John P. Buckley, Bassford, Heckt, Lockhart, Truesdell & Briggs, P.A., Minneapolis, for appellant Utica Mutual Ins. Co.

David W. Larson, Kenneth D. Nelson, Dudley & Smith, St. Paul, for respondent Estate of David Rosenberger.

Considered and decided by KALITOWSKI, P.J., and NORTON and HARTEN, JJ.

OPINION

NORTON, Judge.

Decedent's widow was awarded family maintenance under Minn.Stat. § 525.15(4) (1990) from his estate which had been attached in a separate trial court action by appellant. Appellant argues that because neither the widow nor the estate could prove that the assets in the estate were the property of the estate, no family maintenance should have been paid. We affirm the probate court.

FACTS

After allegedly embezzling...

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