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BARTZ v. HERINGER

Civ. No. 10139.

322 N.W.2d 243 (1982)

Clayton C. BARTZ, Individually and as Personal Representative of the Estate of Ella Bartz, deceased, Plaintiff and Appellee, v. Fern HERINGER and Nolan D. Bartz, Defendants and Appellants, Twila E. Bartz, Defendant.

Supreme Court of North Dakota.

July 15, 1982.

Attorney(s) appearing for the Case

Carlan J. Kraft, Rugby, and Orrin B. Lovell, Beach, for plaintiff and appellee; argued by Orrin B. Lovell, Beach, and Carlan J. Kraft, Rugby.

Pringle & Herigstad, Minot, for defendants and appellants; argued by Don Negaard, Minot.

PEDERSON, Justice.

The issues presented upon this appeal are: (1) whether or not a co-optionee has a fiduciary duty not to enrich himself individually at the expense and to the detriment of his fellow co-optionee; and (2) whether or not there exists a latent ambiguity in the testatrix's will requiring this court to ascertain the testatrix's true intent. We conclude that a co-optionee has a fiduciary duty not to enrich himself...

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