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ESTATE OF ZINS BY KELSCH v. ZINS

Civ. No. 870213.

420 N.W.2d 729 (1988)

ESTATE OF Philippine ZINS, by William C. KELSCH, in his capacity as Personal Representative, Plaintiff and Appellant, v. Eugene ZINS, Defendant and Appellee.

Supreme Court of North Dakota.

March 7, 1988.

Attorney(s) appearing for the Case

Albert A. Wolf of Wheeler, Wolf, Peterson, Schmitz, McDonald & Johnson, Bismarck, for plaintiff and appellant.

Malcolm H. Brown of Bair, Brown & Kautzmann, Mandan, for defendant and appellee.

VANDE WALLE, Justice.

William C. Kelsch, acting as the personal representative of the estate of Philippine Zins, appealed from a judgment dismissing an action seeking to impose a trust upon Eugene Zins. We reverse and remand.

In 1973 Philippine Zins (decedent) and her husband, Gerhard Zins, executed virtually identical wills. Under the terms of each spouse's will, all of that person's property was to pass to the...

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