Legal Opinion · Dissent

In Re Estate of Palmen

Court of Appeals of Minnesota

Decided April 14, 1998No. C2-97-1546Published

1DissentThomas G. Forsberg, Judge

I respectfully dissent. I believe In re Estate of Eriksen, 337 N.W.2d 671, 674 (Minn.1983), is on point and controlling. As in the instant case, the female cohabitor in Eriksen wished only to preserve and protect her own property. Also, like in Eriksen, this cohab-itor invested in the cabin both by providing labor and cash. She is not claiming to be owed monies because of sexual favors.

The supreme court has interpreted the statutes to apply only when the “sole consideration for a contract between contracting parties is their ‘contemplation of sexual relations * * ⅜ out of wedlock.’ ” Id. at…

2Cases cited3 opinions

  1. Investigation & Determination of an Appropriate Unit & Exclusive Representative Hill-Murray Federation of Teachers, St. Paul v. Hill-Murray High School, MaplewoodSupreme Court of Minnesota · 1992
  2. In Re Estate of EriksenSupreme Court of Minnesota · 1983
  3. State v. HofmannCourt of Appeals of Minnesota · 1996

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