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IN RE ESTATE OF ELMER

Civ. No. 8873.

210 N.W.2d 815 (1973)

In the Matter of the ESTATE of D. W. ELMER, Deceased. Lena ELMER et al., Contestants and Respondents, v. Jake N. ELMER, Proponent and Appellant, v. Lawrence ELMER, Henry Elmer, and Interested Parties, Respondents.

Supreme Court of North Dakota.

As Amended on Denial of Rehearing October 8, 1973.

Attorney(s) appearing for the Case

Orville A. Schulz, New Salem, and Thompson, Lundberg & Nodland, Bismarck, for contestants and respondents.

C. J. Schauss, Mandan, and Kurt H. Krauth, Hebron, for proponent and appellant.

VOGEL, Judge.

This is an appeal from a judgment of the district court of Morton County, setting aside a decree of the county court of Morton County which admitted to probate the will of D. W. Elmer, deceased. The judgment of the district court directs that the estate of Elmer be administered under the laws of intestate succession of the State of North Dakota.

The will in question was executed by the deceased on...

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