In Re the Estate of McCue

I agree with the majority that “an order denying a motion to vacate should not be reversed unless the denial constitutes an abuse of discretion” and that the factors set forth in Hinz v. Northland Milk & Ice Cream Co., 237 Minn. 28, 30, 53 N.W.2d 454, 455-56 (1952), are applicable to determine whether vacation is appropriate. However, because I believe there was no abuse of discretion, I would affirm each of the trial court’s determinations.

In reviewing a motion to vacate, this court’s scope of review is narrow:

A probate court’s determination of a factual question is not to be set aside…