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IN RE ESTATE OF JOTHAM

No. A05-438.

722 N.W.2d 447 (2006)

In re the ESTATE OF Leonard Earl JOTHAM, Deceased.

Supreme Court of Minnesota.

October 12, 2006.

Attorney(s) appearing for the Case

Timothy D. Kelly, Kelly & Berens, P.A., Minneapolis, MN, James W. Nelson, Brainerd, MN, for Appellant, Sandra Barnett.

Raymond A. Charpentier, Charpentier & Lange, Brainerd, MN, for Respondent, Diann Nelson.

Thomas C. Pearson, Erickson, Pearson & Aanes, Brainerd, MN, for Selma Marie Jotham.

Heard, considered, and decided by the court en banc.

OPINION

ANDERSON, PAUL H., Justice.

This case involves a probate proceeding arising out of the death of respondent Diann Nelson's father, Leonard Jotham. Nelson seeks, for purposes of determining intestate succession, to introduce evidence to rebut the presumption that Jotham is the father of appellant Sandra Barnett, which presumption is found in section 257.55, subdivision 1, of Minnesota's Parentage Act. Minn.Stat. § 257.55, subd. 1 (2004). The district...

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