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MATTER OF ESTATE OF STARCHER

Civ. No. 890088.

447 N.W.2d 293 (1989)

In the Matter of the ESTATE of Hattie STARCHER, also known as Hattie M. Starcher, Deceased. Robert B. BAIRD, Petitioner and Appellant, v. William A. ANUNDSON, Judy Heinze, Bonnie Heglie, and Michael C. Parke, Trust Officer for American State Bank, Dickinson, ND, Personal Representative of the Estate of Hattie Starcher, Respondents and Appellees.

Supreme Court of North Dakota.

October 24, 1989.

Attorney(s) appearing for the Case

Chapman & Chapman, Bismarck, for petitioner and appellant; argued by Daniel J. Chapman.

William Heth Law Firm, Dickinson, for respondent and appellee Michael C. Parke; argued by William G. Heth.

Eugene F. Buresh, of Freed, Dynes, Reichert & Buresh, P.C., Dickinson, for respondents and appellees William A. Anundson, Judy Heinze and Bonnie Heglie. No appearance.

LEVINE, Justice.

Robert Baird appeals from a county court order denying his claim against Hattie Starcher's estate. We reverse and remand for proceedings consistent with this opinion.

Baird's claim is for legal fees and costs that he allegedly incurred in the contest of a will of Hattie's brother, Emil Ridl. After Emil died on August 6, 1986, two wills were submitted for probate in his estate. The first will, dated June 8, 1984, named Baird as the personal...

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