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MATTER OF ESTATE OF BINDER

Civ. No. 10868.

366 N.W.2d 454 (1985)

In the Matter of the ESTATE OF Eugene V. BINDER, Deceased. Kent BINDER and Jolene Binder, Petitioners and Appellants, v. Joann BINDER, as Personal Representative for the Estate of Eugene Binder, Respondent and Appellee.

Supreme Court of North Dakota.

April 17, 1985.

Attorney(s) appearing for the Case

Richard B. Baer [argued], of Baer & Asbridge, Bismarck, for petitioners and appellants.

E. Jean Bartlett, Devils Lake, for respondent and appellee.

GIERKE, Justice.

This is an appeal from orders of the county court dismissing the claims of Kent E. Binder and Jolene Binder against the Estate of Eugene Binder. We reverse and remand.

Kent and Jolene assert that they are beneficiaries of a trust created in 1977 by their father, Eugene Binder. Whether or not a trust was created is a disputed question. The petitioners' mother and father, Gloria and Eugene, were divorced in 1977 after twenty-two years of marriage...

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