In re the Estate of: Chester J. Olson, Deceased.
Stevens County District Court File No. 75-PR-06-445.
Nathan L. Seeger, Fergus Falls, Minnesota (for appellant Clinton Olson).
Theodora D. Economou, Morris, Minnesota (for respondents Sharon Hallett, Carolyn Brummond, Juanita Swartwout, and Jeffrey Olson).
Bradley Henrichs, Kansas City, Missouri (pro se respondent) Virene Olson, Morris, Minnesota (pro se respondent).
Considered and decided by Kalitowski, Presiding Judge; Cleary, Judge; and Willis, Judge.
WILLIS, JUDGE [*]
Appellant challenges the district court's denial of the relief requested in his petition for determination of descent of property omitted from decedent's estate. Appellant argues that the district court erred by finding that his petition was barred by the statute of limitations and by finding that decedent's will created a valid trust. Because we conclude that appellant's petition, to the extent that it sought to alter the previous construction of the will, was time-barred and that the underlying trust was valid, we affirm.
Decedent Chester Olson died on September 28, 2006. Decedent had six children with his first wife: appellant Clinton Olson; respondents Sharon Hallett, Carolyn Brummond, Juanita Swartwout, and Jeffrey Olson; and Elda Best. At the time of his death, decedent owned an undivided 1/2 interest in several parcels of land in Stevens County, Minnesota. In pertinent part, decedent's will provides:
I give and bequeath the remainder of my property, real, personal or mixed, to the following of my children who survive me: Elda C. Best, Sharon L. Hallett, Carolyn M. Brummond, Juanita M. Swartwout, and Jeffrey A. Olson, in equal shares, share and share alike, their heirs and assigns forever. In the event that any of these children should predecease me, the share going to the other children named shall increase proportionately. The share going to Elda C. Best shall be subject to the Trust provisions in Article IV. and shall be transferred to the Trustees of the Elda C. Best Trust.
I make no provision for my son, Clinton Olson, in this my Last Will and Testament as I have already provided him with enough help. Also I make no provision for my wife, Virene M. ...