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JORDAN v. ANDERSON

Civ. No. 870284.

421 N.W.2d 816 (1988)

Daryl W. JORDAN and Jay Jordan, Petitioners and Appellants, v. James A. ANDERSON, Personal Representative of the Estate of Thomas Mygland, Deceased, Respondent and Appellee. In the Matter of the ESTATE OF Thomas MYGLAND, Deceased.

Supreme Court of North Dakota.

March 29, 1988.

Attorney(s) appearing for the Case

Kelsch, Kelsch, Ruff & Austin, Mandan, for petitioners and appellants; argued by Thomas F. Kelsch.

McIntee Law Firm, Towner, for respondent and appellee; argued by Michael S. McIntee.

ERICKSTAD, Chief Justice.

The petitioners, Daryl W. and Jay L. Jordan, appeal from a county court order denying their petition for construction of Thomas Mygland's will and a determination of the devisees under that will. We affirm.

On December 4, 1981, Thomas executed a will naming his sister-in-law, Sara Mygland, as the sole devisee of his property. Thomas' will was drafted by a non-attorney and did not include a residuary clause or refer to Sara predeceasing...

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