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DUEMELAND v. NORBACK

No. 20020124.

655 N.W.2d 76 (2003)

2003 ND 1

George T. DUEMELAND, Plaintiff and Appellee, v. Judith NORBACK, Defendant and Appellant.

Supreme Court of North Dakota.

January 3, 2003.

Attorney(s) appearing for the Case

Randall J. Bakke (argued), Smith Bakke Hovland & Oppegard, Bismarck, N.D., and Garry A. Pearson (on brief), Pearson Christensen, Grand Forks, N.D., for plaintiff and appellee.

Timothy D. Lervick, Rolfson Schulz Lervick & Geiermann Law Offices, P.C., Bismarck, N.D., for defendant and appellant.

VANDE WALLE, Chief Justice.

[¶ 1] Judith Norback appealed from a summary judgment declaring George Duemeland to be the sole beneficiary under a Trust Agreement creating the Olga Duemeland Irrevocable Trust and under Lorin Duemeland's will. We hold the Trust Agreement and Lorin Duemeland's will are ambiguous, and we reverse and remand for further proceedings.

I

[¶ 2] Norback and George Duemeland are the children of Lorin and Olga Duemeland...

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