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MATTER OF ESTATE OF JORSTAD

Civ. No. 890035.

447 N.W.2d 283 (1989)

In the Matter of the ESTATE OF Pearl J. JORSTAD, Deceased. Maynard JORSTAD and Marvin Jorstad, Petitioners and Appellees, v. Gladys YATES, Agnes Monahan, and Mavis Hensley, individually, and Gladys Yates and Agnes Monahan, as co-guardians and co-conservators of the Estate of Martin J. Jorstad, Jr., an incapacitated person, and in their representative capacity on behalf of Martin J. Jorstad, Jr., Respondents and Appellants, and Estate of Pearl J. Jorstad, Silas Langager, Personal Representative, Respondent and Appellee.

Supreme Court of North Dakota.

October 24, 1989.

Attorney(s) appearing for the Case

Williston, McIntee & Whisenand, P.C., for petitioners and appellees; argued by Kathleen E. Key-Imes.

Bjella, Neff, Rathert, Wahl & Eiken, PC, Williston, for respondents and appellants; argued by Vern C. Neff.

LEVINE, Justice.

This appeal involves the construction of an instrument labelled "Option Contract", signed only by the optionors, and a determination of the effect, if any, of the subsequent will of one of the optionors upon that document.

On June 30, 1970, Pearl and Martin C. Jorstad signed a document denominated "Option Contract" giving their two sons, Maynard Jorstad and Marvin Jorstad, "the exclusive right to purchase the real estate above described, for...

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