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MATTER OF ADMINISTRATION BY FIRST TRUST OF N.D.

Civ. No. 920096.

490 N.W.2d 484 (1992)

In the Matter of the ADMINISTRATION by FIRST TRUST COMPANY of NORTH DAKOTA, TRUSTEE, of the TRUST CREATED under the LAST WILL and TESTAMENT of ADOLPH RUB, DATED DECEMBER 8, 1978. FIRST TRUST COMPANY OF NORTH DAKOTA, Plaintiff and Appellee, v. Duane RUB, Defendant and Appellant.

Supreme Court of North Dakota.

October 1, 1992.

Attorney(s) appearing for the Case

Steven L. Spilde (argued), of Rolfson Schulz Lervick Law Offices, Bismarck, for plaintiff and appellee.

Duane E. Rub, pro se.

LEVINE, Justice.

Duane Rub appeals from an order approving the report and account of the Adolph Rub Trust. We reverse and remand for further proceedings.

Adolph Rub, Duane's father, died in 1980. Adolph's will created the Adolph Rub Trust ["Trust"] for the benefit of Amelia Rub, who was Adolph's second wife and Duane's stepmother. First Trust Company of North Dakota ["Trustee"] is the trustee of the Trust. In 1989, an order was entered for supervised administration...

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