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MATTER OF ESTATE OF KOCH

Civ. No. 9374.

259 N.W.2d 655 (1977)

In the Matter of the ESTATE of Chris Geo. KOCH, Deceased. Arlene STEINER, Anton J. Steiner, Russell J. Koch, Lena Granier and Margaret Dietzman, Petitioners and Appellants, v. Marlys A. DICKMEYER, Lela M. Grim, Karla J. Robinet, Connie K. McMaines, and Larry A. Koch, Respondents and Appellees.

Supreme Court of North Dakota.

November 10, 1977.

Attorney(s) appearing for the Case

Morris A. Tschider, and Richard P. Rausch, Bismarck, for petitioners and appellants; argued by Morris A. Tschider and Richard P. Rausch, Bismarck.

Lundberg, Conmy, Nodland, Rosenberg, Lucas & Schulz, Bismarck, for respondents and appellees; argued by Irvin B. Nodland, Bismarck.

ERICKSTAD, Chief Justice.

This is an appeal from a judgment of the Burleigh County District Court, affirming a decree of the county court, which denied admission to probate of the purported Last Will and Testament of Chris Geo. Koch. The appellants, proponents of the will, are the deceased's brother, brother-in-law, and sisters, and the appellees, contestants of the will, are his five children.

The issue in this case is whether or not the Last Will and Testament...

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