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IN RE ESTATE OF JOHNSON

Civ. No. 8874.

214 N.W.2d 112 (1973)

In the Matter of the ESTATE of Bennie O. JOHNSON, Deceased. Duane DAVIS, Petitioner and Appellee, v. Henry JOHNSON et al., Respondents, and Winnifred Spieirs Johnson, Respondent and Appellant.

Supreme Court of North Dakota.

Rehearing Denied December 4, 1973.

Attorney(s) appearing for the Case

Vaaler, Gillig, Warcup, Woutat & Zimney, Grand Forks, for petitioner and appellee.

Fleck, Mather, Strutz & Mayer, Bismarck, for respondent and appellant.

VOGEL, Judge.

At issue in this appeal is the construction of subparagraph 6 of paragraph SECOND of the Last Will and Testament of Bennie O. Johnson, dated January 19, 1957. It reads:

"I declare that I have created this trust for the use and benefit of my surviving wife, if any, with whom I may be living as husband and wife at the time of my death. I further declare that if I have no surviving wife at the time of my death, or if I have a surviving wife from...

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