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STRATTON v. ROSE

Civ. No. 910218.

484 N.W.2d 274 (1992)

Larry STRATTON, Plaintiff, v. Richard ROSE, as Personal Representative of the Estate of Hilman Hofland, Deceased, Defendant and Appellant, Dan Hofland, Rheta Hofland Caddell, C. Susan Anhorn, Donna Hofland Engel, Jane Sveen, Constance Hofland Johnson, Marianne Hofland, Defendants, Cross-Claimants and Appellees, and Gladys Hofland, Defendant and Cross-Claimant, Crista Ministries, Allan Hofland, Margaret Kulak, Hazel Strom, Florence Jackson, Additional Defendants and Appellees, and American Baptist Church of the Northwest, Additional Defendant.

Supreme Court of North Dakota.

April 21, 1992.

Attorney(s) appearing for the Case

Jonathan C. Eaton (argued), of Eaton, Van de Streek & Ward, Minot, and Roger Schell Law Firm, Bottineau, for defendant and appellant.

Todd L. Cresap, of Olson, Sturdevant & Burns, Minot, for defendants, cross-claimants and appellees.

Pearson, Christensen, Larivee & Fischer, Grand Forks, for additional defendants and appellees. Appearance by Ronald F. Fischer.

VANDE WALLE, Justice.

Richard Rose, the personal representative of the Estate of Hilman Hofland, appealed from an order of the Bottineau County Court approving a final accounting and distribution. We reverse and remand.

At the time of his death on November 5, 1985, Hilman resided in the State of Washington. He owned some property located in Washington and real property in Bottineau County, North Dakota. Hilman's will and a codicil were admitted to probate...

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