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MATTER OF ESTATE OF TUNTLAND

Civ. No. 10784.

364 N.W.2d 513 (1985)

In the Matter of the ESTATE OF Monroe TUNTLAND, Deceased. STATE of North Dakota, Appellant, v. Ann KONIARSKI, Personal Representative of the Estate of Monroe Tuntland, Deceased, Appellee.

Supreme Court of North Dakota.

As Amended April 1, 1985.

Attorney(s) appearing for the Case

Judith Cummings and Blaine L. Nordwall, Asst. Attys. Gen., N.D. Dept. of Human Services, State Capitol, Bismarck, for appellant; case submitted on briefs.

Sproul, Lenaburg, Fitzner & Walker, Valley City, for Quam-Plaisted Funeral Home and for appellee Estate; and Raymond R. Rund, Finley, for appellee Personal Representative; case submitted on briefs.

GIERKE, Justice.

The North Dakota Department of Human Services [the State] appeals from a Steele County Court judgment which allowed payment of funeral expenses in the amount of $4,047.70 on behalf of the Estate of Monroe Tuntland, pursuant to North Dakota's Uniform Probate Code. The county court concluded that the payment was proper, notwithstanding § 50-24.1-07 of the North Dakota Century Code, which limits payment of funeral expenses to $1,400.00 in cases...

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