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MATTER OF ESTATE OF THOMAS

Civ. No. 9656.

290 N.W.2d 223 (1980)

In the Matter of the ESTATE of Erma Z. THOMAS, Deceased. Lawrence THOMAS, Petitioner and Appellee, v. Rosella BELLAND, Grace Haller, Carl Thomas, Lowell Thomas, Sheryl Thomas Allen, Roger Thomas, Thomas Urlacher, Lawrence Urlacher, Ralph Urlacher, Sylvester Urlacher, Genevive Tompers, Josephine Dubisar, Sister Monica Urlacher and Herbert Urlacher, Respondents and Appellants.

Supreme Court of North Dakota.

March 13, 1980.

Attorney(s) appearing for the Case

Reichert, Howe, Hardy, Galloway & Jorgensen, and Robert Keogh, Dickinson, for petitioner and appellee; argued by Albert J. Hardy, Dickinson.

Mackoff, Kellogg, Kirby & Kloster, Dickinson, for respondents and appellants; argued by Ward M. Kirby, Dickinson.

PEDERSON, Justice.

This is an appeal from a judgment of the District Court of Hettinger County admitting to probate a will and codicil of Erma Z. Thomas. We affirm.

Lawrence Thomas, Erma's son and executor of her estate, applied to Hettinger County Court for formal probate of the will and codicil. Thereafter, objection was made to probate by Rosella Belland, et al., (Erma's other heirs) on three grounds: (1) that Erma lacked testamentary capacity to make such...

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