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MATTER OF ESTATE OF WAGNER

Civ. No. 9403.

265 N.W.2d 459 (1978)

In the Matter of the ESTATE of Freddie E. WAGNER, Deceased. Berta R. MILLER, Shirley Green and Lola Hayden, Plaintiffs and Appellants, v. Lee Evelyn KRAFT, Individually and as Executrix of the Estate of Freddie E. Wagner, Donald J. Collings, Eugene A. Collings, Thomas E. Collings, Kenneth G. Collings, Katherine Collings, Ellen Vandeberg, special guardian for Connie Collings, Peggy Collings and Valerie Brenden; Betty I. Collings, and Avis Williamson, Defendants and Appellees.

Supreme Court of North Dakota.

April 13, 1978.

Attorney(s) appearing for the Case

Rolfstad, Winkjer, McKennett, Kaiser & Stenehjem, Williston, for plaintiffs and appellants; argued by Dean Winkjer, Williston.

McIntee & Whisenand, Williston, for defendants and appellees; argued by Michael R. McIntee, Williston.

SAND, Justice.

This is an appeal from a Williams County district court judgment based on a jury verdict finding the 1973 will of Freddie E. Wagner valid and not the result of undue influence, and from an order denying a new trial.

Initially, the 1973 will of Freddie E. Wagner was admitted to probate by the Williams County court with increased jurisdiction acting in its probate court capacity. Thereafter Berta R...

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