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MATTER OF ESTATE OF O'CONNELL

Civ. Nos. 910008, 910009.

476 N.W.2d 8 (1991)

In the Matter of the ESTATE OF Maurice O'CONNELL, Deceased. ALLAN RUSTAN ESTATE, Petitioner and Appellant, v. William O'CONNELL, Successor Personal Representative of the Estate of Maurice O'Connell, Deceased, Respondent and Appellee. In the Matter of the ESTATE OF Kathleen O'CONNELL, Deceased. ALLAN RUSTAN ESTATE, Petitioner and Appellant, v. William O'CONNELL, Successor Personal Representative of the Estate of Kathleen O'Connell, Deceased, Respondent and Appellee.

Supreme Court of North Dakota.

October 7, 1991.

Attorney(s) appearing for the Case

Steven K. Aakre (argued) of Serkland, Lundberg, Erickson, Marcil & McLean, Ltd., Fargo, for petitioner and appellant. Appearance by Jack G. Marcil.

William F. Shore III (argued) of Campana, Vieh & Strohm, Scottsdale, Ariz., Robert J. Snyder (appearance) of Wheeler Wolf, Bismarck, for respondent and appellee.

GIERKE, Justice.

The estate of Allan Rustan appeals from a county court order dismissing as untimely its claim against the estates of Maurice and Kathleen O'Connell for reimbursement of past and future expenses, including attorney fees, incurred in defending a lawsuit brought by the O'Connell heirs against Rustan. We reverse.

Maurice and Kathleen O'Connell were murdered on March 15, 1983. Allan Rustan was appointed personal representative of the estates of...

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