SATHRE, Chief Justice.
This is an appeal from a judgment of the district court of McHenry County, North Dakota.
The facts out of which this cause of action arose are substantially as follows:
Peter Muller Sr., died testate on or about the 1st day of April, 1951 and at the time of his death he was a resident of the City of Drake, County of McHenry, State of North Dakota, and was the owner of real and personal property situated in the counties of McHenry...
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