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FLAHERTY v. FELDNER

Civ. No. 870292.

419 N.W.2d 908 (1988)

John H. FLAHERTY, Jr., Petitioner and Appellant, v. Norine FELDNER, Personal Representative of the Estate of John J. Flaherty, Deceased, Respondent and Appellee. In the Matter of the ESTATE OF John J. FLAHERTY, Deceased.

Supreme Court of North Dakota.

February 25, 1988.

Attorney(s) appearing for the Case

Eaton, Van de Streek & Ward, Minot, for petitioner and appellant, argued by Michael Ward, Minot.

McGee, Hankla, Backes & Wheeler, Ltd., Minot, for respondent and appellee, argued by Robert A. Wheeler, Minot.

ERICKSTAD, Chief Justice.

John H. Flaherty, Jr., (John, Jr.) appeals from a Ward County judgment dismissing his petition to set aside informal probate of the will of John J. Flaherty (testator). We reverse and remand.

Elizabeth "Bessie" Rock Matthews married the testator on March 21, 1938, and on April 12, 1938, gave birth to John, Jr. The testator subsequently filed suit for an annulment of the marriage in June of 1939. The testator's complaint alleged that...

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