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BENDER v. BENDER

No. 7534.

72 N.W.2d 220 (1955)

Julius BENDER, Petitioner and Respondent, v. Emll BENDER, Mathilda Olson, Ella Bender, Helmina Berger, Edwin Bender, Amella Bender, and Harold Bender, Respondents, and Annette Blumhagen and Albert Bender, Respondents and Appellants.

Supreme Court of North Dakota.

September 23, 1955.

Attorney(s) appearing for the Case

Fred E. Saefke, Jr., Bismarck, for appellants.

John E. Williams, Washburn, for respondents.

MORRIS, Judge.

This action involves the contest of the will of Caroline Bender, deceased. The will was admitted to probate in the County Court of McLean County on December 16, 1953. The contestants, Albert Bender and Annette Blumhagen, appealed to the district court of that county where the matter was tried before a jury who returned a verdict in favor of the contestants, finding that the purported will was not the legal will of Caroline Bender.

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