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MANIKOWSKE v. MANIKOWSKE

No. 8198.

136 N.W.2d 465 (1965)

Maurice MANIKOWSKE, an Incompetent Person, by Clarence Bladow, his Guardian, Plaintiffs and Appellants, v. Thomas E. MANIKOWSKE, Martha Manikowske, Martha Manikowske as Executrix of the Estate of Alice Manikowske, Penny Manikowske, Bonny Manikowske, Thomas W. Manikowske, The Guardian Life Insurance Company, a corporation, and the New York Life Insurance Company, a corporation, Defendants and Respondents.

Supreme Court of North Dakota.

June 29, 1965.

Attorney(s) appearing for the Case

Johnson, Milloy & Eckert, Wahpeton, for plaintiffs and appellants.

Lewis & Bullis, Wahpeton, for respondents Thomas E. Manikowske, Martha Manikowske, Martha Manikowske as Executrix of Estate of Alice Manikowske, Penny Manikowske, Bonny Manikowske, and Thomas W. Manikowske.

Cupler, Tenneson, Serkland & Lundberg, Fargo, for New York Life Ins. Co.

TEIGEN, Judge.

This appeal is from the judgment in an action tried to the court without a jury and the plaintiff, as appellant, has demanded trial de novo.

The plaintiff, Maurice Manikowske, through his guardian, Clarence Bladow, brought this action against his brother, Thomas E. Manikowske; his brother's wife, Martha Manikowske, individually and as executrix of the estate of Alice Manikowske; the children of Thomas E. and Martha Manikowske, namely, Penny...

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