IN RE ESTATE OF HOLDEN

No. 38,296.

261 Minn. 527 (1962)

113 N.W. (2d) 87

IN RE ESTATE OF JULIANA HOLDEN. DORIS B. LARSEN, SPECIAL ADMINISTRATRIX OF ESTATE OF HENRY A. BERG, AND ANOTHER v. MARCUS L. BJERKE AND OTHERS.

Supreme Court of Minnesota.

January 26, 1962.


Attorney(s) appearing for the Case

Maurice O. Nelson, for appellant Marcus L. Bjerke.

Erickson & Erie, for other appellants.

Clarence W. Kludt and Padden & Dickel, for respondents.


KNUTSON, JUSTICE.

This is an appeal from a judgment of the district court upholding the validity of a will of decedent, Juliana Holden, attacked on three grounds: (1) That the testatrix lacked mental capacity to make the will; (2) that it was the result of undue influence on the part of Henry A. Berg, her brother; and (3) that it was not executed according to law. The case was tried to the court without a jury on appeal from the probate court, and the district court...

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