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IN RE ESTATE OF MUNSON

No. 35,822.

238 Minn. 358 (1953)

IN RE ESTATE OF MAGNUS MUNSON. HILMA M. STOPPEL v. RED RIVER VALLEY CONFERENCE OF THE EVANGELICAL LUTHERAN AUGUSTANA SYNOD OF NORTH AMERICA AND ANOTHER.

Supreme Court of Minnesota.

January 30, 1953.

Attorney(s) appearing for the Case

Dell & McCarten, for appellant.

Thornton & Thornton and Philip R. Monson, for respondent Red River Valley Conference of the Evangelical Lutheran Synod of North America.

THOMAS GALLAGHER, JUSTICE.

Appeal from an order of the district court denying motions for amended findings or for a new trial in proceedings involving the construction of a paragraph in the will of Magnus Munson, who died in Douglas county on May 26, 1949. The paragraph in question is in a will dated July 16, 1931, and reads as follows:

"Third, The balance of my estate * * * I give and bequeath for the erection or maintenance of a children's orphan home to...

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