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MATTER OF ESTATE OF VOELLER

Civ. No. 950035.

534 N.W.2d 24 (1995)

In the Matter of the ESTATE OF Joseph T. VOELLER, Deceased. Gary HOFFART, Personal Representative of the Estate of Joseph T. Voeller, Petitioner and Appellant, v. David VOELLER, Elizabeth Voeller, Marie Voeller Sutich, Robert S. Voeller, and Audrey S. Matteson, Respondents and Appellees.

Supreme Court of North Dakota.

June 27, 1995.

Attorney(s) appearing for the Case

Walter M. Lipp (argued), McClusky, for petitioner and appellant. Appearance by Gary Hoffart.

McIntee Law Firm, Towner, for respondents and appellees; argued by Michael S. McIntee. Appearance by Elizabeth Voeller.

MESCHKE, Justice.

Gary Hoffart appealed a decree denying his petition to probate another codicil to the will of Joseph T. Voeller because it had only one witness. We affirm.

Joseph T. Voeller died testate on August 15, 1992. In a valid codicil signed on April 10, 1989, Voeller directed proceeds from a land contract be used for expenses and the contract balance divided among his five children. Voeller's original will, made on January 13, 1988, directed that...

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