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MATTER OF ESTATE OF EWONIUK

Civ. No. 9863.

303 N.W.2d 553 (1981)

In the Matter of the ESTATE of Mary EWONIUK. Walter EWONIUK, Joseph Ewoniuk, Steven Ewoniuk, Petitioners and Appellants, v. Ann KRIVOURUCHKA, August Ewoniuk, Olga S. Baranko, Respondents and Appellees.

Supreme Court of North Dakota.

March 25, 1981.

Attorney(s) appearing for the Case

Beyer & Holm, Dickinson, for petitioners and appellants Walter Ewoniuk, Joseph Ewoniuk, and Steven Ewoniuk; submitted on brief.

Mackoff, Kellogg, Kirby & Kloster, P. C., Dickinson, for respondents and appellees; argued by James D. Geyer, Dickinson.

PAULSON, Justice.

Walter Ewoniuk, Joseph Ewoniuk, and Steven Ewoniuk, the appellants, appeal from an order dated July 30, 1980, by the District Court of Stark County which dismissed the appellants' appeal from an order for formal probate of a will issued by the Stark County Court of Increased Jurisdiction. We reverse the order of the district court which dismissed the appeal and remand the case for trial.

Mary Ewoniuk, a widow, died on November 1, 1979, and...

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