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IN RE ESTATE OF VITTORIO

No. C4-95-2306.

546 N.W.2d 751 (1996)

In re the ESTATE OF Thomas N. VITTORIO, Sr., Decedent.

Court of Appeals of Minnesota.

April 23, 1996.

Attorney(s) appearing for the Case

Jennifer L. Carey, Richard R. Burns, Duluth, for Appellant Thomas Vittorio, Jr.

Michael S. Gerlach, Duluth, for Respondent Ruth Vittorio.

Considered and decided by HARTEN, P.J., and HUSPENI, and PETERSON, JJ.

OPINION

HUSPENI, Judge.

In this probate proceeding, Thomas Vittorio, Jr. argues that his appeal is properly taken from the correct order and that the district court erred in (1) imposing a constructive trust on real property he held in joint tenancy with the testator, and (2) ordering this property transferred to the estate to be distributed through probate. We reverse and remand for an evidentiary hearing.

FACTS

In 1994, when Thomas Vittorio...

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