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MATTER OF ESTATE OF PAPINEAU

Civ. No. 11231.

396 N.W.2d 735 (1986)

In the Matter of the ESTATE OF Fred R. PAPINEAU, Deceased. Daniel U. PAPINEAU, Petitioner and Appellant, v. ALL OTHER PERSONS UNKNOWN CLAIMING ANY ESTATE OR INTEREST IN OR LIEN OR ENCUMBRANCE UPON THE PROPERTY DESCRIBED IN THE PETITION OR AGAINST THE ESTATE OF SAID DECEASED, Respondents and Appellees.

Supreme Court of North Dakota.

November 19, 1986.

Attorney(s) appearing for the Case

Rustad & Schmitz, Williston, for petitioner and appellant; argued by Gerald Rustad.

McIntee & Whisenand, Williston, for respondents and appellees Luella McGraw, Betty Peiters, Judy Ross, Richard Henderson, Glenn Henderson, Teri Vander-pool, Emery Henderson, Louise Villacorte, Ruby Hermosisima, & Lillian Welch; argued by Kathleen Key-Imes.

Kenneth Papineau, Watford City, for respondent and appellee; pro se.

MESCHKE, Justice.

Daniel U. Papineau appeals from an order determining that minerals in North Dakota owned by Fred Papineau passed to his heirs by intestate succession and from an order denying Daniel's motion to alter or amend the first order. We reverse and remand.

Fred died in the State of Washington in 1968. Daniel did not then probate a will purportedly executed by Fred in 1953 because the estate was not deemed valuable enough to make probate worthwhile...

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