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NEUBERGER v. DALLY

Civ. No. 8869.

210 N.W.2d 269 (1973)

August NEUBERGER, successor administrator with Will annexed, in the matter of the Last Will and Testament of the decedent, Harold Dally, Plaintiff and Appellant, v. Tillie DALLY, Defendant and Respondent.

Supreme Court of North Dakota.

August 13, 1973.

Attorney(s) appearing for the Case

Sperry & Schultz, Bismarck, for plaintiff and appellant.

Thomas & Berning, Minot, for defendant and respondent.

TEIGEN, Justice.

The plaintiff, August Neuberger, as administrator with the will annexed of the estate of Harold Dally, has appealed from an adverse judgment. By his complaint he seeks to cancel, set aside as null and void, and have adjudged as fraudulent a joint tenancy deed by which Harold Dally, during his lifetime, conveyed Lot Six of Block Eleven, of the Original Townsite of Beulah, to himself and his wife, Tillie Dally, as joint tenants with the right of survivorship...

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