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MATTER OF ESTATE OF KLEIN

Civ. No. 880138.

434 N.W.2d 560 (1989)

In the Matter of the ESTATE OF J.V. KLEIN, a/k/a John V. Klein, Deceased. John V. KLEIN, Jr. and Gladys Berger, Petitioners and Appellants, v. George H. KLEIN and Donna Mae Klein, Respondents and Appellees.

Supreme Court of North Dakota.

January 9, 1989.

Attorney(s) appearing for the Case

Peterson Law Office, Beach, and Tipp, Frizzell & Buley, P.O. Box 3778, Missoula, Mont., for petitioners and appellants, argued by Thomas W. Frizzell. Appearance by Jon F. Kroke.

Howe, Hardy, Galloway & Maus, Dickinson, for respondents and appellees, argued by Albert J. Hardy.

MESCHKE, Justice.

John V. Klein, Jr., (John) and Gladys Berger appealed from a county court judgment construing the will of John V. Klein, Sr., (J.V.) and ordering distribution of J.V.'s estate. We affirm.

The relevant part of J.V.'s will said:

"I give, devise, and bequeath All [sic] of my property, whether real, personal and mixed, of whatsoever nature or wheresoever located, in the State of North Dakota, and in compliance with deeds on record...

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