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IN RE ESTATE OF SCHWAKE

No. C5-95-1925.

543 N.W.2d 125 (1996)

In re the Estate of Elaine E. SCHWAKE.

Court of Appeals of Minnesota.

February 13, 1996.

Attorney(s) appearing for the Case

Thomas E. Thunhorst, Kenyon, for Respondent.

Gregory A. Wohletz, Gislason, Dosland, Hunter, & Malecki, P.L.L.P. Minnetonka, for Appellant Heirs of Ervin Schwake.

Lloyd S. Myster, Hero Law Office, Northfield, for Appellant Heirs of Martha Schwake Schuette.

Gary M. Peterson, Fairbault, for Appellant Heirs of LeRoy Schwake.

Considered and decided by NORTON, P.J., TOUSSAINT, C.J., and PARKER, J.

OPINION

TOUSSAINT, Chief Judge.

This appeal is from the district court's determination that the Minnesota antilapse statue does not apply to the will of Elaine Schwake. We reverse and remand.

FACTS

Elaine E. Schwake, the testator, executed her last will and testament on September 20, 1991. Article III of the will provides:

I give and devise the remainder of my estate unto all of my first...

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