MATTER OF ESTATE OF PETERSON

Civil No. 960241.

561 N.W.2d 618 (1997)

1997 ND 48

In the Matter of the ESTATE OF Ruben J. PETERSON, Deceased. Minnie BERGER, Personal Representative of the Estate of Ruben J. Peterson, Deceased, Clay Berger, Terry Bertelsen and Monte Bertelsen, Petitioners and Appellees, v. Dale A. PETERSON, Ronald B. Peterson, Virgil O. Peterson, Merle L. Peterson, Jeanine C. Kirschbaum, and Lila J. Close, Respondents and Appellants.

Supreme Court of North Dakota.

April 1, 1997.


Attorney(s) appearing for the Case

Kathleen Key Imes, of Imes & Imes, P.C., Williston, for petitioners and appellees Estate of Ruben J. Peterson and Minnie Berger, Personal Representative, and Richard A. McKennett, of Winkjer McKennett Stenehjem Reierson & Forsberg, Williston, for petitioners and appellees Terry Bertelsen and Monte Bertelsen.

Fred E. Whisenand, of Crowley, Haughey, Hanson, Toole & Dietrich, P.L.L.P., Williston, for respondents and appellants.


SANDSTROM, Justice.

[¶ 1] We are asked to decide if the district court correctly ordered unequal distribution of probate-estate assets to give effect to the testator's intent, to decide the reasonableness of personal representative and attorney fees, and to decide if the personal representative breached her fiduciary duty. We affirm, concluding the distribution was proper, the fees were reasonable, and fiduciary duty was not breached.

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