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  5. 315 N.W.2d 263 (1982)
 

STURDEVANT v. STURDEVANT

Civ. No. 9432-D.

315 N.W.2d 263 (1982)

In the Matter of the Residuary Trust Created by the Last Will and Testament of Virgil Sturdevant, Deceased. Richard STURDEVANT, James Sturdevant, and Terry Sturdevant, Trustees of the Residuary Trust, Petitioners and Appellees, v. Robert STURDEVANT, Respondent and Appellant, Lucylle Sturdevant, Richard Sturdevant, James Sturdevant, Terry Sturdevant, V. William Sturdevant, Sharon Chase and Thomas Sturdevant, Beneficiaries of the Residuary Trust, Respondents.

Supreme Court of North Dakota.

January 21, 1982.

Attorney(s) appearing for the Case

Odell M. Astrup, Fargo, for Richard Sturdevant.

Thysell, Gjevre, McLarnan, Hannaher, Vaa & Skatvold, Moorhead, Minn., and Schuster & Brothers, Fargo, for Robert Sturdevant; argued by Galen J. Vaa, Moorhead, Minn.

P. W. Lanier, Jr., Fargo, for Lucylle Sturdevant, James Sturdevant, Terry Sturdevant, William Sturdevant, Sharon Chase and Thomas Sturdevant, Beneficiaries.

Johnson, Milloy, Johnson & Stokes, Wahpeton, for Richard, James and Terry Sturdevant, Trustees; argued by Mildred Johnson, Wahpeton.

ERICKSTAD, Chief Justice.

This is an appeal by Robert Sturdevant from an order of the District Court of Richland County, dated January 27, 1981. Through its order the court approved the Trustees' Settlement Agreement, Final Report and Account, and Petition for Distribution, dated December 12, 1980, for the Virgil Sturdevant residuary trust. We reverse the court's order and remand for further proceedings consistent with this opinion.

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