Legal Opinion

In Re Estate of Ervin

Court of Appeals of Minnesota

Decided January 13, 1987No. C3-86-1043PublishedCited by 2 opinions

1Opinion of the Court

OPINION

CRIPPEN, Judge.

The personal representative for the estate of Valley Ervin challenges the trial court’s determination that the evidence was insufficient to overcome the statutory presumption that the omission of Ervin’s child from his will was not intentional but by accident or mistake. We affirm based on a conclusion that the trial court’s finding was not clearly erroneous.

FACTS

Valley Ervin was adjudicated the father of Virgil Israelson in 1933. Ervin left Minnesota in 1931, five years after Israelson’s birth, claiming he was not the only man who could have been the child’s father and…

2Cases cited3 opinions

  1. Jenson v. Touche Ross & Co.Supreme Court of Minnesota · 1983
  2. Whitby v. MotzSupreme Court of Minnesota · 1914
  3. Matter of Estate of UliscniCourt of Appeals of Minnesota · 1985

3Cited by2 opinions

  1. Estate of Hartz v. NelsonCourt of Appeals of Minnesota · 1989
  2. Estate of Jones v. JonesCourt of Appeals of Utah · 1988

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