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CUDWORTH v. CUDWORTH

Civ. No. 9975.

312 N.W.2d 331 (1981)

Fred CUDWORTH, Plaintiff and Appellee, v. Jack CUDWORTH, Personal Representative of the Estate of Edwin Cudworth, Deceased, Defendant and Appellant.

Supreme Court of North Dakota.

November 12, 1981.

Attorney(s) appearing for the Case

Robert E. Manly, of Manly & Manly, New Rockford, for plaintiff and appellee.

James Bekken, of Hovey, Bekken & Ramstad, New Rockford, for defendant and appellant.

VANDE WALLE, Justice.

Jack Cudworth appeals a judgment of the district court, Eddy County, which voided his sale of land and canceled a mortgage upon the land due to a breach of his fiduciary duty as a personal representative. We affirm in part but remand for modification of the judgment.

After Jack's brother, Edwin, died intestate, Jack was appointed personal representative. The major asset of the estate was 727 acres of land. Before Jack sold the land he...

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