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SCHATZ v. SCHATZ

No. 870123.

419 N.W.2d 903 (1988)

Wilfred SCHATZ, Petitioner and Appellant, v. Elizabeth SCHATZ, Personal Representative of the Estate of Fred S. Schatz, Deceased, Respondent and Appellee. In the Matter of the ESTATE OF Fred A. SCHATZ, Deceased.

Supreme Court of North Dakota.

February 25, 1988.

Attorney(s) appearing for the Case

Mackoff Kellogg, Kirby & Kloster, Dickinson, for petitioner and appellant; argued by Ward M. Kirby.

Freed, Dynes, Reichert & Buresh, Dickinson, and Reuben J. Bloedau, Mott, for respondent and appellee; appearance by Reuben J. Bloedau; argued by George T. Dynes.

LEVINE, Justice.

Wilfred Schatz, a son and devisee of Fred A. Schatz, deceased, appeals from two county court orders involving the construction of the testator's will. We affirm in part, reverse in part, and remand.

The will provisions pertinent to this appeal are:

"THIRD: I give, devise and bequeath equally unto Richard Schatz and Wilfred Schatz all of my interest in grain bins situated on Section Four (4), Township One Hundred Thirty Five (135)...

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