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MATTER OF ESTATE OF WAGNER

Civil No. 950424.

551 N.W.2d 292 (1996)

In the Matter of the ESTATE OF Martha WAGNER, Deceased. Donley R. BERGQUIST, Beverly Bergquist, and William Chausee, the Personal Representative of the Estate of Martha Wagner, Deceased, Respondents and Appellants, v. Vicky KELLER, Petitioner and Appellee.

Supreme Court of North Dakota.

June 27, 1996.

Attorney(s) appearing for the Case

William F. Lindell (argued), Washburn, for respondents and appellants Donley R. Bergquist and Beverly Bergquist.

LaRoy Baird III, Bismarck, for respondent and appellant William Chaussee.

Chapman and Chapman, Bismarck, for petitioner and appellee; argued by Charles L. Chapman.

MESCHKE, Justice.

Donley R. Bergquist and personal representative William Chaussee appeal from a judgment declaring a codicil invalid because the testatrix, Martha Wagner, lacked testamentary capacity at the time she signed the codicil. We affirm.

On August 5, 1991, Martha executed a will devising her real and personal property. In the bequest affected by this appeal, Martha devised all four quarters of her land...

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