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MATTER OF ESTATE OF HERR

Civ. No. 900020.

460 N.W.2d 699 (1990)

In the Matter of the ESTATE OF Clifton A. HERR, Deceased. Alberta H. CATES, Appellant, v. Charles PFEIFER, Personal Representative of the Estate of Clifton A. Herr, Deceased, Appellee.

Supreme Court of North Dakota.

September 5, 1990.

Attorney(s) appearing for the Case

Garaas Law Firm, Fargo, for appellant; argued by Jonathan T. Garaas. Appearance by David A. Garaas.

Gunhus, Grinnell, Klinger, Swenson & Guy, Moorhead, Minn., for appellee; argued by Barry P. Hogan.

MESCHKE, Justice.

Alberta H. Cates appealed from a summary judgment dismissing her objection to the formal probate of Clifton Herr's will and her demand for an intestate share of Clifton's estate as his only natural child. We affirm in part, reverse in part, and remand for further proceedings.

Cates was born on October 18, 1941. Cates' mother, Lenora Bender, claimed that Clifton was Cates' father. Although Clifton initially contested paternity, a judgment...

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