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IN RE ESTATE OF CLEMETSON

No. 20110108.

812 N.W.2d 388 (2012)

2012 ND 28

In the Matter of the ESTATE OF Harriet O. CLEMETSON, deceased Philip Sprague, Petitioner and Appellant, v. Kenneth Evanson, Personal Representative, Respondent and Appellee.

Supreme Court of North Dakota.

February 17, 2012.

Attorney(s) appearing for the Case

Sara Kaye Sorenson , West Fargo, N.D., for petitioner and appellant.

Craig Mark Richie , Fargo, N.D., for respondent and appellee.

KAPSNER, Justice.

[¶ 1] Philip Sprague appeals from an order denying his petition for formal probate of a will allegedly executed by Harriet O. Clemetson. Because we conclude the district court correctly applied the law on the presumption that a missing will is revoked, and because the court's findings of fact are not clearly erroneous, we affirm the order.

I

[¶ 2] Harriet and Earl Clemetson...

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