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STATE OF MINNESOTA IN COURT OF APPEALS A09-937 In re the Estate of: William Henry Eckley, IV, a/k/a William H. Eckley, Deceased Filed April 6, 2010 Reversed and remanded Connolly, Judge Hennepin County District Court File No. 27-PA-PR-04-958

Gayle Gaumer, Wilson Law Firm, Edina, Minnesota (for appellant) Steven Theesfeld, R. Thomas Greene, Jr., Yost & Baill, Minneapolis, Minnesota (for respondent)

Considered and decided by Connolly, Presiding Judge; Hudson, Judge; and Johnson, Judge. SYLLABUS For purposes of determining whether a homestead exemption exists, mental incapacity is a legal disability that exempts a homestead owner from the six-month notice-filing requirement of Minn. Stat.

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