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MATTER OF ESTATE OF KNUDSEN

Civ. No. 10167.

322 N.W.2d 454 (1982)

In the Matter of the ESTATE OF Jerry M. KNUDSEN, deceased, Burleigh County Probate No. 3107 Appeals from Order Entered January 26, 1981. Dann G. KNUDSEN and Eric J. Knudsen, as personal representatives of the estate of Jerry M. Knudsen, deceased; and Dann G. Knudsen, Eric J. Knudsen and Jeffrey Knudsen, Appellees, v. Susan F. KNUDSEN, one of the heirs at law of Jerry M. Knudsen, deceased, Appellant.

Supreme Court of North Dakota.

July 27, 1982.

Attorney(s) appearing for the Case

E. J. Rose, Bismarck, for appellees.

Mills & Moore, Bismarck, for appellant; argued by William R. Mills, Bismarck.

PEDERSON, Justice.

This is an appeal by Susan F. Knudsen from a summary judgment which decreed that (1) Jerry M. Knudsen died testate; (2) Susan is not entitled to an intestate share as an omitted spouse; and (3) Jeffrey, Dann and Eric Knudsen are the sole devisees of the estate. We reverse and remand for trial.

The principal question to be resolved involves the construction of §§ 30.1-08-08 (2-508), 30...

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