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GAPPERT v. BORNER

No. 7286.

51 N.W.2d 866 (1952)

GAPPERT et al. v. BORNER et al.

Supreme Court of North Dakota.

Rehearing Denied March 12, 1952.

Attorney(s) appearing for the Case

Sullivan, Kelsch & Scanlon, Mandan, Milton K. Higgins, Bismarck, and Floyd B. Sperry, Golden Valley, for appellants.

J. K. Murray, Bismarck, for respondents.

MORRIS, Chief Justice.

This is an appeal from a judgment of the District Court of Morton County decreeing that an order of the County Court of Morton County, dated October 6, 1950, appointing J. R. Madsen administrator of the estate of Frederick William Gappert, deceased, be reversed and adjudged null and void. The deceased who was also known as Fritz Gappert, a resident of Morton County, died intestate on March 11, 1938. Shortly thereafter F. C. McCagherty was appointed...

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