Legal Opinion
Estate of Spiess v. Schumm
Court of Appeals of Minnesota
Decided November 28, 1989No. C3-89-957PublishedCited by 5 opinions
1Opinion of the Court
OPINION
CRIPPEN, Judge.
Appellant Frank Schumm contends the trial court erred in imposing a constructive trust for the benefit of respondent estate upon the funds of a pay-on-death account. We affirm.
FACTS
When Elmer Speiss died on May 15,1987, he was survived by his stepdaughter, JoAnn Carlson, and her five children. Although Speiss himself had no children, he treated his stepdaughter and stepgrandchil-dren as his own. Speiss and appellant had been close friends for over 35 years and saw each other regularly. Speiss’s 1976 will provided that Carlson take half of the estate and that the other…
2Cases cited8 opinions
- Jenson v. Touche Ross & Co.Supreme Court of Minnesota · 1983
- Knox v. KnoxSupreme Court of Minnesota · 1946
- In Re Estate of EriksenSupreme Court of Minnesota · 1983
- Maguire v. Federal Crop Ins. Corp. Federal Crop Ins. Corp. v. MaguireCourt of Appeals for the Fifth Circuit · 1950
- In Re Commodore Hotel Fire & Explosion CasesSupreme Court of Minnesota · 1982
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3Cited by5 opinions
- Steven D. Hanson v. Federal Deposit Insurance Corporation, as Receiver for the New Bank of New England, N.A.Court of Appeals for the Eighth Circuit · 1994
- Shields v. Duggan (In Re Dartco, Inc.)United States Bankruptcy Court, D. Minnesota · 1996
- Reisdorf v. 13, LLCDistrict Court, D. Minnesota · 2015
- Johnson v. GrayCourt of Appeals of Minnesota · 1995
- Ulrich v. St. Paul Ramsey Hosp.Court of Appeals for the Eighth Circuit · 1997