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SAND v. MERCHANTS NATIONAL BANK & TRUST COMPANY

No. 7663.

81 N.W.2d 748 (1957)

Prudence Gearey SAND, Plaintiff and Appellant. v. The MERCHANTS NATIONAL BANK and TRUST COMPANY, Executor of the Last Will and Testament of Alice B. Gearey, Deceased, and E. E. Simonson, Administrator with the Will Annexed of the Estate of Alice B. Gearey, Deceased, Defendants and Respondents.

Supreme Court of North Dakota.

Rehearing Denied March 29, 1957.

Attorney(s) appearing for the Case

Wattam, Vogel, Vogel, Bright & Peterson, Fargo, for plaintiff and appellant.

Nilles, Oehlert & Nilles, Fargo, for defendants and respondents.

MORRIS, Judge.

The plaintiff appeals from an order sustaining a demurrer to her complaint and from a judgment entered pursuant to that order. The complaint purports to set forth two causes of action. As to both causes it is alleged that the plaintiff is the sole heir at law of Alice B. Gearey, also known as Alice A. Gearey, the plaintiff's mother who died November 28, 1954

With respect to the first cause of action it is alleged that at the time of her death...

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