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JOHNSON v. TOMLINSON

Civ. No. 8463.

160 N.W.2d 49 (1968)

Olga S. JOHNSON, Plaintiff and Respondent, v. Doris M. TOMLINSON, Fern K. Fresonke, Dorothy C. Herberholz, Herman P. Johnson, and Arnold O. Lona, Individually and as Administrator of the Estate of Peter O. Johnson, Deceased, Defendants and Appellants.

Supreme Court of North Dakota.

Rehearing Denied July 22, 1968.

Attorney(s) appearing for the Case

R. J. Bloedau, Mott, for appellants.

Tenneson, Serkland, Lundberg & Erickson, Fargo, for respondent.

TEIGEN, Chief Justice.

The defendants have appealed from a judgment setting aside a family settlement agreement. The action was tried to the court without a jury and a trial de novo is demanded on appeal.

The plaintiff, widow of the deceased Peter O. Johnson, seeks to set aside a family settlement agreement executed between herself and the four children of the deceased by a prior marriage. She alleges that her consent to said agreement was procured through...

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