NELSON v. HOLLAND

No. A09-245.

776 N.W.2d 446 (2009)

Sherri NELSON, as Personal Representative of the Estate of Mary Grill Mindl, Appellant, v. Ricky HOLLAND, Respondent, All Other Persons Known or Unknown Claiming an Interest in Real Estate Described Below, Defendants, Mary Louise Mindl, Deceased.

Court of Appeals of Minnesota.

December 22, 2009.


Attorney(s) appearing for the Case

Alan B. Fish, Roseau, MN, for appellant.

Michelle E. Moren, Law Offices of Patrick D. Moren, Roseau, MN, for respondent.

Considered and decided by WRIGHT, Presiding Judge; STONEBURNER, Judge; and STAUBER, Judge.


OPINION

WRIGHT, Judge.

This appeal arises from the action of appellant-personal representative to set aside the sale of a parcel of property on the bases that, when the sale occurred, the decedent lacked the capacity to contract to sell the property and the contract resulted from undue influence. Appellant challenges the district court's grant of summary judgment to respondent-purchaser, arguing that (1) the district court erred when it held that appellant...

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