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MATTER OF ESTATE OF BENDICKSON

Civ. No. 10600.

353 N.W.2d 320 (1984)

In the Matter of the ESTATE OF Marie B. BENDICKSON, Deceased. Bernard BENDICKSON, Marvin S. Bendickson, Delores Bendickson, Villa [Vialla] Mae Buss, and Chrissie Bendickson, Petitioners and Appellees, v. Sylvia J. SUNDQUIST, Respondent and Appellant.

Supreme Court of North Dakota.

July 27, 1984.

Attorney(s) appearing for the Case

Mervin A. Tuntland, Garrison, for petitioners and appellees; argued by Mervin A. Tuntland, Garrison.

Wheeler, Wolf, Peterson, Schmitz, McDonald & Johnson, Bismarck, for respondent and appellant; argued by Gregory C. Larson and Albert A. Wolf, Bismarck.

PEDERSON, Justice.

This appeal involves:

(1) The statutory presumption of ownership of sums remaining on deposit at the death of a party to a joint account;

(2) The statutory presumption of ownership of sums remaining on deposit in a trust account at the death of the sole trustee; and

(3) The application of the law of implied, constructive or resulting trusts to these statutory presumptions when family members are involved.

We conclude...

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