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MATTER OF ESTATE OF NESHEM

Civil No. 970263

574 N.W.2d 883 (1998)

1998 ND 57

In the Matter of the ESTATE OF Evelyn B. NESHEM, Deceased. Connie DAVIS, Cynthia Rice, and Carolyn K. Beloit, Petitioners and Appellants, v. Ronald NESHEM, Personal Representative of the Estate of Evelyn B. Neshem, Respondent and Appellee.

Supreme Court of North Dakota.

March 9, 1998.

Attorney(s) appearing for the Case

Michel W. Stefonowicz (argued), Crosby, and Jeffrey J. Peterson (appearance), Bowbells, for petitioners and appellants.

Debra K. Edwardson (argued), of Edwardson Law Office, and Ervin J. Lee (no appearance), Minot, for respondent and appellee.

MARING, Justice.

[¶ 1] Connie Davis, Cynthia Rice, and Carolyn K. Beloit f/k/a Carolyn Faber (petitioners) appealed a judgment construing Evelyn Neshem's will to exclude them as residuary devisees of her estate. We hold Evelyn's will, when construed as a whole to give meaning to each word and phrase, expresses her intent to treat the petitioners as her issue and devisees under her will. We reverse and remand for proceedings consistent with that interpretation...

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