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IN RE ESTATE OF BOGNER

Civ. No. 8588.

184 N.W.2d 718 (1971)

In the Matter of the ESTATE of Philip BOGNER, Deceased. Curtis FALLGREN, Sr., Appellant, v. Helen Bogner FALLGREN, et al., Respondents.

Supreme Court of North Dakota.

Rehearing Denied March 30, 1971.

Attorney(s) appearing for the Case

Freed, Dynes & Malloy, Dickinson, for appellant.

Mackoff, Kellogg, Kirby & Kloster, Dickinson, for respondent Helen Bogner Fallgren, individually, and as executrix of the Estate of Philip Bogner, deceased.

PAULSON, Judge (on reassignment).

This case is on appeal from a June 23, 1969, judgment issued by the district court of Stark County, North Dakota, which affirmed an order of the county court of Stark County admitting the Last Will and Testament of Philip Bogner to probate. A demand for a trial de novo has been made.

On February 13, 1956, Philip Bogner made and executed his Last Will and Testament. Paragraph Three of Mr. Bogner's will devised and bequeathed...

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