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IN RE ESTATE OF HOWSER

No. 20010185.

639 N.W.2d 485 (2002)

2002 ND 33

In the Matter of the ESTATE OF Irene HOWSER, Deceased. Kevin G. Connole and Kim P. Connole, Petitioners and Appellants, v. Jerry Anderson, Personal Representative of the Estate of Irene Howser, Respondent and Appellee.

Supreme Court of North Dakota.

Rehearing Denied March 12, 2002.

Attorney(s) appearing for the Case

Carol K. Larson, Pringle & Herigstad, P.C., Minot, for petitioners and appellants.

Terence P. Devine, Lakota, for respondent and appellee.

MARING, Justice.

[¶ 1] The contestants of Irene Howser's 1999 will appealed a judgment upholding the will and refusing to remove Jerry Anderson as personal representative of Howser's estate. We hold the trial court did not clearly err in finding that a presumption of undue influence in the drafting of Howser's will had been rebutted, and in refusing to remove Jerry Anderson as personal representative of Howser's estate. We affirm.

I

[¶...

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