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IN RE ESTATE OF ZIMMERMAN

Nos. 20000361, 20010002.

633 N.W.2d 594 (2001)

2001 ND 155

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 Appellees, v. Andrew C. Zimmerman, Personal Representative of the Estate of Wallace W. Zimmerman, Deceased, Respondent and Appellant. 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.

August 30, 2001.

Attorney(s) appearing for the Case

Robert G. Hoy (argued) and Steven E. McCullough (on brief), Ohnstad Twichell, P.C., West Fargo, ND, for petitioners, appellees, and appellants.

Edmund G. Vinje II, Vinje Law Office, Fargo, ND, for respondent, appellant, and appellee.

VANDE WALLE, Chief Justice.

[¶ 1] Andrew Zimmerman, the personal representative of Wallace Zimmerman's estate, appealed a probate court order excluding Sarah Zimmerman's property from Wallace's augmented estate for purposes of calculating her elective share of his augmented estate. Sarah and Maureen Zimmerman appealed a probate court order allowing the personal representative attorneys' fees and refusing to award Sarah interest on her elective share. We reverse...

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