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IN RE ESTATE OF PALMER

No. C7-02-182.

647 N.W.2d 13 (2002)

In re ESTATE OF James A. PALMER, Deceased.

Court of Appeals of Minnesota.

June 18, 2002.

Attorney(s) appearing for the Case

Robert A. McLeod, McLeod & Troy, P.A., St. Paul, MN, for appellant Marie C. Palmer.

Richard S. Eskola, Moore, Halsey & Eskola, L.L.C., Fridley, MN, for respondent Michael J. Smith.

Considered and decided by WILLIS, Presiding Judge, HARTEN, Judge, and HUSPENI, Judge.

OPINION

HARTEN, Judge.

An intestate decedent died owning a one-half interest in a homestead. Appellant, his wife, contended that, because there were no children of the marriage, she was entitled to take the decedent's interest in fee simple. Respondent, claiming to be the decedent's son, petitioned for summary assignment of the remainder interest in the homestead subject to a life estate in appellant. The district court found that clear and convincing evidence...

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