Legal Opinion

In Re the Estate of Zagar

Court of Appeals of Minnesota

Decided November 10, 1992No. C2-92-877PublishedCited by 7 opinions

1Opinion of the Court

OPINION

CRIPPEN, Judge.

Appellant Rudolph Zagar, the personal representative of the Marco Zagar estate, filed a petition for construction of the will. The trial court found that Article II of the will was ambiguous, so that construction using parol evidence was permissible.

Based upon the testimony of respondent George Zeck, the court interpreted Article II to mean that the heirs under the will are testator’s siblings: Margaret L. Zagar, Helen Bergstrom, and Rudolph G. Zagar; and the children of testator’s deceased sister: George Zeck and Julie Johnson. Under this construction, the three living…

2Cases cited10 opinions

  1. In Matter of Campbell's TrustsSupreme Court of Minnesota · 1977
  2. In re the Trusteeship under the Last Will & Testament of BellSupreme Court of Minnesota · 1920
  3. In Re the Trusts Created in & by the Last Will & Testament of HARTMANSupreme Court of Minnesota · 1984
  4. In Re Trust Created by Will of CrosbySupreme Court of Minnesota · 1947
  5. Waugh v. PoironAppellate Court of Illinois · 1942

5 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. In Re Estate and Trust of AndersonCourt of Appeals of Minnesota · 2002
  2. In Re the Trust Created Under the Last Will & Testament of ShieldsCourt of Appeals of Minnesota · 1996
  3. In Re the Estate of LundCourt of Appeals of Minnesota · 2001
  4. In Re the Estate of SchwakeCourt of Appeals of Minnesota · 1996
  5. In re Estate of SweetNevada Supreme Court · 2022

2 more not listed; retrieve them via the Exa API.

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