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GELLERT v. EGINTON

No. A08-1696.

770 N.W.2d 190 (2009)

Vance F. GELLERT, Respondent, Carl A. Gellert, Respondent, v. Lilli Ann EGINTON, et al., Defendants, Charles W. Eginton, Appellant.

Court of Appeals of Minnesota.

August 4, 2009.

Attorney(s) appearing for the Case

Mark S. Genereux, Genereux Law Office, and Karen L. Tarrant, Mary E. Drummer, Tarrant, Drummer & Liska, PLLC, St. Paul, MN, for respondents.

Robert A. McLeod, Marnie L. DeWall, Amy R. Mason, Lindquist & Vennum, P.L.L.P., Minneapolis, MN, for appellant.

Considered and decided by SCHELLHAS, Presiding Judge; ROSS, Judge; and LARKIN, Judge.

OPINION

SCHELLHAS, Judge.

Appellant argues that the district court clearly erred by finding that the decedent was without capacity when she executed a gift deed of St. Paul real estate to defendant. Appellant also challenges the district court's grant of respondents' motion for attorney fees, contending that the district court's reliance on Minn.Stat. § 524.3-720 was improper. We affirm.

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