MATTER OF ESTATE OF OSTBY

Civ. No. 910073.

479 N.W.2d 866 (1992)

In the Matter of the ESTATE OF Gilbert OSTBY, Deceased. Dean OSTBY, Personal Representative of the Estate of Gilbert Ostby, Deceased, Respondent and Appellant, v. Sena BISEK, Petitioner and Appellee.

Supreme Court of North Dakota.

February 4, 1992.


Attorney(s) appearing for the Case

Bruce H. Carlson (argued), and David J. Hauff of McNair, Larson & Carlson, Ltd., Fargo, for respondent and appellant.

Steven K. Aakre (argued), and Armond G. Erickson of Serkland, Lundberg Erickson, Marcil & McLean, Ltd., Fargo, for petitioner and appellee.


MESCHKE, Justice.

Dean Ostby appeals from denial of his post-trial motions and from a judgment declaring that the will filed for the decedent, Gilbert Ostby, was not his will. Dean argues that the trial court did not apply the correct law, that the evidence did not disprove testamentary intent, and that the trial court made erroneous findings of undue influence. We agree. We reverse and remand for a new trial.

Gilbert, a bachelor who lived alone, was hospitalized...

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