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McGUIRE v. GAFFNEY

Civ. No. 10,040.

314 N.W.2d 851 (1982)

Henry B. McGUIRE, Appellant, v. Mrs. Merle GAFFNEY, Joseph R. McGuire, Joseph R. McGuire as Personal Representative of the Estate of Orell McGuire, Deceased, Mary Elizabeth McGuire, Helen Ann Burnette, Lawrence D. Elfelt, Jr., John O'Brien Elfelt, James S. Elfelt, Andree M. deGedrinski, Regis P. McGuire, Bernard J. McGuire, Eric L. McGuire, and Veronica Lally, Appellees.

Supreme Court of North Dakota.

January 21, 1982.

Attorney(s) appearing for the Case

Nilles, Hansen, Selbo, Magill & Davies, Fargo, and Charles F. Gibbs, argued, Breed, Abbott & Morgan, New York City, for appellant.

Lloyd H. Noack, Grand Forks, for appellee Joseph R. McGuire, Personal Representative for Orell McGuire Estate.

Mark V. Larson, argued, Grand Forks, for Orell McGuire Estate.

PAULSON, Justice.

On January 15, 1980, the County Court of Grand Forks County granted the petition of the personal representative of the estate of Orell McGuire to sell assets of a testamentary trust to pay estate taxes. The District Court of Grand Forks County affirmed the county court's order on June 10, 1981. Henry B. McGuire appeals from the district court's order. We affirm.

Orell McGuire died on January 19, 1977. She left a will dated October 11, 1971...

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