TERRY, Associate Judge:
This is an appeal from the denial of a motion for relief from judgment under Super.Ct.Civ.R. 60(b). We hold that the court abused its discretion in denying the motion because it had erroneously dismissed the case for failure to state a claim upon which relief could be granted. We therefore reverse.
I
In 1951 Samuel F. Tyree died intestate, survived by the three children of his first marriage, Charles, Esther, and Samuel, Jr...
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