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MATTER OF ESTATE OF CULVER

Civ. No. 9215.

246 N.W.2d 488 (1976)

In the Matter of the ESTATE of Eltie E. CULVER, Deceased. Ernest ANDRES, Petitioner [Appellee below], v. Kenneth CULVER, Respondent [Appellee below] and Appellant, and Charlotte [Touchie] Morris, Respondent [Appellant below] and Appellee, and Lizeta Rustan, Respondent.

Supreme Court of North Dakota.

October 15, 1976.

Attorney(s) appearing for the Case

George T. Dynes, Freed, Dynes, Malloy & Reichert, Dickinson, for respondent and appellant Kenneth Culver.

Allan L. Schmalenberger, Mackoff, Kellogg, Kirby & Kloster, Dickinson, for respondent and appellee, Charlotte [Touchie] Morris.

VOGEL, Justice.

This appeal involves the interpretation of the following paragraph of the last will and testament of Eltie E. Culver:

"II

"I hereby give, devise and bequeath unto my son Kenneth Culver, my farm in Hettinger County, North Dakota. However, I place a charge on this bequest to him, to pay 50% of the value placed thereon by the appraisers of my estate, 25% thereof to my daughter Lizeta Rustan and 25% thereof to my daughter Charlotte Touchie...

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