MATTER OF ESTATE OF ZIMMERMAN

Civil No. 970271.

579 N.W.2d 591 (1998)

1998 ND 116

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

Supreme Court of North Dakota.

June 4, 1998.


Attorney(s) appearing for the Case

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

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


MESCHKE, Justice.

[¶ 1] Sarah L. Zimmerman and Maureen K. Zimmerman appealed a probate court judgment and orders rejecting Sarah's attempt to claim an elective share in the augmented estate of her deceased spouse, Wallace W. Zimmerman. We conclude the trial court erred in ruling Sarah effectively waived her right to a statutory elective share, and erred in ordering Wallace's will unambiguously devised Sarah nothing...

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