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MATTER OF ESTATE OF WIELAND

Civil No. 970395.

581 N.W.2d 140 (1998)

1998 ND 130

In the Matter of the ESTATE OF Florence J. WIELAND, a/k/a Florence Wieland, Deceased. Thomas D. WIELAND, Sr., Petitioner and Appellant, v. Mary F. JEWETT, Personal Representative of the Estate of Florence J. Wieland, Deceased, Respondent and Appellee.

Supreme Court of North Dakota.

June 30, 1998.

Attorney(s) appearing for the Case

Jay D. Carlson, Fargo, for petitioner and appellant.

Vogel, Kelly, Knutson, Weir, Bye & Hunke, Ltd., Fargo, for respondent and appellee; argued by W. Todd Haggart. Steven A. Johnson on brief.

MESCHKE, Justice.

[¶ 1] Thomas Wieland appeals the denial of his motion to vacate the final distribution of the estate of Florence Wieland, his mother, to consider evidence he claimed to be newly discovered. We affirm the trial court's denial because the additional evidence would not change the distribution of Florence's estate.

[¶ 2] Thomas is the adopted son of Bernard and Florence Wieland, and has one adopted sister, Mary Jewett. Throughout his...

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