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MATTER OF ESTATE OF OPATZ

Civil No. 960109.

554 N.W.2d 813 (1996)

In the Matter of the ESTATE OF Theresa OPATZ, a/k/a Theresa G. Opatz, Deceased. Anne SPELDRICH, Petitioner and Appellant, v. Lucille SPELDRICH, Respondent and Appellee.

Supreme Court of North Dakota.

October 22, 1996.

Attorney(s) appearing for the Case

David F. Senn (argued), of Senn Law Office, Dickinson, for petitioner and appellant.

Edmund G. Vinje of Vinje Law Office, Fargo, for respondent and appellee. Submitted on briefs by Edmund G. Vinje.

MARING, Justice.

Anne Speldrich appealed from a district court judgment upholding Lucille Speldrich's renunciation of property devised to her by Theresa Opatz. We hold that Anne Speldrich's judgment lien and garnishment proceedings against the devised property did not constitute encumbrances barring Lucille Speldrich's right to renounce, and we affirm.

Theresa Opatz devised certain real and personal property to Lucille Speldrich. Prior to Opatz's death in...

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