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CRANSTON v. WINTERS

Civ. No. 9158.

238 N.W.2d 647 (1976)

Mary Irene CRANSTON, Individually and as executrix of the Estate of Syvilla Ballantyne, Deceased, and Helen Jeanette Ballantyne, Plaintiffs and Appellants, v. Ethel WINTERS et al., Defendants and Appellees, William T. Ballantyne et al., Defendants.

Supreme Court of North Dakota.

February 11, 1976.

Attorney(s) appearing for the Case

Anderson, Tossett & Berning, Minot, for plaintiffs and appellants; argued by Andrew R. Tossett, Minot.

McGee, Hankla, Backes & Wheeler, Minot, for defendants and appellees; argued by Orlin W. Backes, Minot.

VOGEL, Justice.

This case involves competing claims of title to real estate in the city of Minot. It is alleged by the appellants, the residuary legatees and devisees of Syvilla Ballantyne, hereinafter described as Syvilla's sisters, that they are the owners of the property. They claim their title arises because Syvilla, as the surviving joint tenant of the property, acquired the interest of the other joint tenant, her husband, upon his death, and she still held the...

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