Legal Opinion
In Re Estate of Vittorio
Court of Appeals of Minnesota
Decided April 23, 1996No. C4-95-2306PublishedCited by 3 opinions
1Opinion of the Court
OPINION
HUSPENI, Judge.
In this probate proceeding, Thomas Vitto-rio, Jr. argues that his appeal is properly taken from the correct order and that the district court erred in (1) imposing a constructive trust on real property he held in joint tenancy with the testator, and (2) ordering this property transferred to the estate to be distributed through probate. We reverse and remand for an evidentiary hearing.
FACTS
In 1994, when Thomas Vittorio, Sr. (the testator) learned he was dying, he executed a will, paragraph 6.3 of which provided:
Intentional Omission. * * * Certain of my property has been…
2Cases cited10 opinions
- Knox v. KnoxSupreme Court of Minnesota · 1946
- In Re Estate of EriksenSupreme Court of Minnesota · 1983
- Henderson v. MurraySupreme Court of Minnesota · 1909
- Hendrickson v. Minneapolis Federal Savings & Loan Ass'nSupreme Court of Minnesota · 1968
- Dietz v. DietzSupreme Court of Minnesota · 1955
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3Cited by3 opinions
- Freundschuh v. FreundschuhCourt of Appeals of Minnesota · 1997
- Ryan Contracting Company v. O'Neill & Murphy, LLPCourt of Appeals of Minnesota · 2015
- In Re Estate of VittorioCourt of Appeals of Minnesota · 1996