IN RE ESTATE OF KIMBRELL

Nos. 20040226, 20040322.

697 N.W.2d 315 (2005)

2005 ND 107

In the Matter of the ESTATE OF Gerald C. KIMBRELL, Deceased. Phyllis Kimbrell, Petitioner and Appellant v. Harry Eisenbeis, Personal Representative of the Estate of Gerald C. Kimbrell, Deceased; Steve Kimbrell; Linda Hams; and Kim Scott, Respondents and Appellees.

Supreme Court of North Dakota.

June 2, 2005.


Attorney(s) appearing for the Case

Charles A. Stock, Johannson, Rust, Yon, Stock & Rasmusson, P.A., Crookston, MN, for petitioner and appellant.

Sara K. Sorenson and Ross V. Keller (appeared), Ohnstad Twichell, P.C., Hillsboro, N.D., for respondent and appellee Harry Eisenbeis.

Stuart A. Larson, P.C., Hillsboro, N.D., for respondents and appellees Steve Kimbrell, Linda Hams, and Kim Scott.


SANDSTROM, Justice.

[¶ 1] Phyllis Kimbrell appealed from district court orders entered in the administration of the Estate of Gerald C. Kimbrell, Deceased ("Estate"). We conclude she received a homestead estate in Gerald Kimbrell's homestead for life or until she remarries, subject to existing encumbrances, and we affirm.

I

[¶ 2] Gerald and Phyllis Kimbrell married in 1990. When Gerald Kimbrell died in 2002, he was survived by Phyllis Kimbrell...

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