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MATTER OF ESTATE OF MURPHY

Civil No. 960036.

554 N.W.2d 432 (1996)

In the Matter of the ESTATE OF Hugh R. MURPHY, Also Known as Red Murphy, Deceased. William Pat MURPHY, a/k/a Pat or W.P. Murphy, Petitioner and Appellee, v. Sheila MURPHY, Personal Representative of the Estate of Hugh R. Murphy, Respondent, Petitioner and Appellant, v. Tom MURPHY, Respondent.

Supreme Court of North Dakota.

October 1, 1996.

Attorney(s) appearing for the Case

John L. Sherman of Mackoff, Kellogg, Kirby & Kloster, PC, Dickinson, for petitioner and appellee.

Michael J. Maus of Howe, Hardy, Galloway & Maus, PC, Dickinson, for respondent, petitioner, and appellant.

SANDSTROM, Justice.

This is a dispute over a contract requiring Hugh Redmond (Red) Murphy, now deceased, to pay his uncle, Pat Murphy, $300 per month for Pat's life. After a bench trial, the district court found: 1) Red Murphy's estate was liable for $800-per-month payments to Pat; 2) Pat Murphy was entitled to the amount Red's estate was in arrears; and 3) Pat Murphy was entitled to attorney's fees. The estate of Red Murphy appeals the judgment, claiming it did not...

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