Legal Opinion

In Re Estate of Lobe

Court of Appeals of Minnesota

Decided May 29, 1984No. C5-84-35PublishedCited by 6 opinions

1Opinion of the Court

OPINION

NIERENGARTEN, Judge.

This is an appeal from a trial court order disallowing appellant Matthew Smith’s claim against respondent Beverly E. Lobe’s estate.

FACTS

Appellant Matthew Smith filed a claim against the estate of Beverly E. Lobe for $36,250.00, an amount allegedly loaned Lobe by Smith over a 5-year period during her lifetime. Evidence of the loan was limited to testimony of and records maintained by Smith and testimony of a longtime friend of Smith who observed money passing between Smith and Lobe. There was no written evidence of debt. At the time of the alleged loans, Smith and…

2Cases cited4 opinions

  1. Weber Ex Rel. Weber v. AndersonSupreme Court of Minnesota · 1978
  2. Fidelity Bank & Trust Co. v. FitzimonsSupreme Court of Minnesota · 1977
  3. Oehler v. FalstromSupreme Court of Minnesota · 1966
  4. Oehler v. FalstromSupreme Court of Minnesota · 1968

3Cited by6 opinions

  1. Weber v. HvassCourt of Appeals of Minnesota · 2001
  2. In Re Estate of ButlerCourt of Appeals of Minnesota · 2010
  3. Kiecker v. Estate of KieckerCourt of Appeals of Minnesota · 1987
  4. United States v. WendlingDistrict Court, D. North Dakota · 2005
  5. In Re Estate of ButlerCourt of Appeals of Minnesota · 2010

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