Estate of Boysen

309 N.W.2d 45 (1981)

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Estate of Boysen

Minnesota Supreme Court
309 N.W.2d 45 (1981)

Facts

Chris Boysen had two children, Genevieve Thompson (defendant) and Raymond Boysen (plaintiff). In 1964, Chris executed a will giving all his real property to Raymond so long as Raymond paid Thompson $7,000. The county clerk lost Chris’s will. As a result, Chris drafted another will. Chris could not remember the property disposition in the first will, but in this second will Chris devised all his real property to Raymond so long as Raymond paid Thompson one-fourth of the real property’s assessed value. The second will stated that it revoked all prior wills. Chris filed the second will with the county court in 1975. Later that year, the clerk found the first will. Subsequently, Chris withdrew the second will from the county court and destroyed the original copy. Upon Chris’s death, Raymond filed the first will for probate. At that time, Chris’s real property was valued at $600,000. Thompson objected to the probate petition and claimed that the second will was valid and that she was entitled to one-fourth of the property’s value, or $150,000, under the second will. The probate court found that Chris had revived the first will and admitted it to probate. The county district court affirmed. Thompson appealed.

Rule of Law

Issue

Holding and Reasoning (Peterson, J.)

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