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WHELAN v. BURRIS

No. 7652.

83 N.W.2d 183 (1957)

Martha B. WHELAN, Petitioner and Respondent, v. Henry J. BURRIS, Thomas Burris, Francis Albert Burris, William Burris, Wallace J. Burris, Sterling A. Walker, Special Administrator of the Estate of Leo Burris, Deceased, Mildred McCann, Gertrude Narloch, Loren Burris, Gerald Burris and Henry Burris, St. Marks Church of Conway, North Dakota, Respondents and Appellants.

Supreme Court of North Dakota.

May 14, 1957.

Attorney(s) appearing for the Case

Day, Stokes, Vaaler & Gillig, Grand Forks, F. Lorene Whitesides, Park River, for appellants.

Philip R. Bangs, Grand Forks, for respondent.

GRIMSON, Chief Justice.

This case is before this court a second time. This time it is upon appeal from the order of the district court granting the petitioner a new trial. The case involves the contest of a will. The petitioner filed the will of her father, Henry Burris, in the county court of Grand Forks County and petitioned for its probate. In that will petitioner was the sole beneficiary except for a small bequest to a church. Her brother, Leo Burris, on behalf...

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