HITZ v. ESTATE OF HITZ

Civ. No. 10102.

319 N.W.2d 137 (1982)

Frank J. HITZ, Appellant, v. ESTATE OF Magdalena HITZ, Estate of Ann Pecora, Estate of Ludwig Hitz, George Hitz, Margaret Settelmeyer, and Barbara Resen, Appellees.

Supreme Court of North Dakota.

May 13, 1982.


Attorney(s) appearing for the Case

Traynor, Rutten & Traynor, Devils Lake, for appellant; argued by Thomas E. Rutten, Devils Lake.

Haugland & Heustis, Devils Lake, for Estate of Magdalena Hitz and Margaret Settelmeyer; argued by John C. Haugland, Devils Lake.

Hjellum, Weiss, Nerison, Jukkala & Wright, Jamestown, for Estate of Ann Pecora.


ERICKSTAD, Chief Justice.

The County Court of Eddy County entered a judgment on September 17, 1980, denying a request by Frank J. Hitz for an order requiring the administrator of the John Hitz estate to execute a deed conveying to Frank the quarter section of farmland described by paragraph four of John's last will and testament. Frank appealed to the district court which entered a judgment, on August 14, 1981, affirming the judgment of the county court. Frank has...

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