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IN RE FETTIG'S ESTATE

No. 8120.

129 N.W.2d 823 (1964)

In re FETTIG'S ESTATE. In the Matter of the Appeal of Angeline Fettig, Administratrix of the Estate of Philip Fettig, Deceased, from the order allowing the claim of Jack Fettig issued by the County Court of Dunn County, North Dakota, in the Matter of the Estate of Philip Fettig, Deceased. Jack FETTIG, Appellant, v. Angeline FETTIG, individually, and as Administratrix of the Estate of Philip Fettig, deceased, and LeRoy P. Fettig, Alan G. Fettig, Linda A. Fettig, James J. Fettig, Rita M. Fettig, minors, and J. O. Severtson their special guardian, Respondents.

Supreme Court of North Dakota.

Rehearing Denied August 21, 1964.

Attorney(s) appearing for the Case

Floyd B. Sperry, Bismarck, for appellant.

Mackoff, Kellogg, Muggli & Kirby, Dickinson, and Marshall T. Bergerud, Killdeer, for respondents.

TEIGEN, Judge.

In this case we are met at the outset with a motion to dismiss this appeal on the ground that the order of the district court, from which the appeal is taken, is interlocutory and nonappealable.

A review of the record discloses the following: The claimant, who is the appellant herein, filed a claim in county court against the estate of Philip Fettig, deceased, in the amount of $129,044.36. The claim was allowed by the county court in the amount...

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