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MATTER OF ESTATE OF ZIMMERMAN

Civil No. 960318.

561 N.W.2d 642 (1997)

1997 ND 58

In the Matter of the ESTATE OF Wallace W. ZIMMERMAN, Deceased. Sarah L. ZIMMERMAN, Surviving Spouse, and Maureen K. Zimmerman, Daughter, Petitioners and Appellants, v. Andrew C. ZIMMERMAN, Personal Representative of the Estate of Wallace W. Zimmerman, Respondent and Appellee, and Karen M. Zimmerman, Respondent.

Supreme Court of North Dakota.

April 1, 1997.

Attorney(s) appearing for the Case

Steven E. McCullough (argued), of Ohnstad Twichell, West Fargo, for petitioners and appellants.

Edmund G. Vinje (argued), of Vinje Law Office, Fargo, for respondent and appellee.

MARING, Justice.

[¶ 1] Sarah L. Zimmerman appealed from a district court order declaring she had waived her right to an elective share of the estate of her deceased spouse, Wallace W. Zimmerman. We dismiss the appeal, because there is an unresolved claim between Sarah Zimmerman and the estate and there is no Rule 54(b), N.D.R.Civ.P., certification.

[¶ 2] Wallace Zimmerman died testate on January 1, 1994. His will, executed on August 6, 1986, was...

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