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MATTER OF ESTATE OF BINDER

Civ. No. 11100.

386 N.W.2d 910 (1986)

In the Matter of the ESTATE OF Eugene V. BINDER, Deceased. Kent E. BINDER and Jolene Binder, Petitioners and Appellees, v. Joann BINDER, as Personal Representative, Respondent, Third-Party Petitioner, and Appellant, v. Gloria Binder ILSE, Third-Party Respondent and Appellee.

Supreme Court of North Dakota.

May 13, 1986.

Attorney(s) appearing for the Case

Richard B. Baer, of Baer & Asbridge, Bismarck, for petitioners and appellees, and third-party respondent and appellee.

J. Thomas Traynor, Jr., of Traynor, Rutten & Traynor, Devils Lake, for respondent, third-party petitioner, and appellant.

VANDE WALLE, Justice.

Joann Binder, as personal representative of the estate of Eugene V. Binder, appealed from the judgment and order acknowledging the existence of an express trust in favor of Kent E. and Jolene Binder. We affirm.

Kent and Jolene assert that they are beneficiaries of a trust created in 1977 by their father and mother, Eugene and Gloria Binder. Kent and Jolene's parents were divorced in 1977 after twenty-two years of marriage. Prior to the...

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