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MATTER OF ESTATE OF LUTZ

Civil No. 960177.

563 N.W.2d 90 (1997)

1997 ND 82

In The Matter of the ESTATE OF Emanuel LUTZ, Deceased. Lavilla LUTZ, Appellant, v. Ingrid SCHNEIDER and Edward Lutz, co-personal representatives of the Estate of Emanuel Lutz, Appellees.

Supreme Court of North Dakota.

April 24, 1997.

Attorney(s) appearing for the Case

Wheeler Wolf, Bismarck, for appellant; argued by Gregory C. Larson.

Zuger, Kirmis & Smith, Bismarck, for appellee Co-representatives Ingrid L. Schneider and Edward J. Lutz; argued by Rebecca S. Thiem.

Tschider & Smith, Bismarck, for appellee Estate; argued by Morris A. Tschider.

MESCHKE, Justice.

[¶ 1] Lavilla Lutz appeals two summary judgments, one dismissing her creditor's claim for her extraordinary services to Emanuel Lutz before his death, and another dismissing her petition for an elective share and exempt allowances from Emanuel's estate. Lavilla also appeals an order approving the distribution of Emanuel's estate. We reverse and remand for trial of Lavilla's claims and for reconsideration of distribution of the estate.

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