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IN RE ESTATE OF CARLSON

No. 20060204.

728 N.W.2d 337 (2007)

2007 ND 35

In the Matter of the ESTATE OF Robert E. CARLSON, Deceased. Jorjann Carlson, Petitioner and Appellant, v. Stephen R. Carlson, Personal Representative of the Estate of Robert E. Carlson, Deceased, Respondent and Appellee.

Supreme Court of North Dakota.

March 5, 2007.

Attorney(s) appearing for the Case

David L. Johnson, McNair, Larson & Carlson, Ltd., Fargo, N.D., for petitioner and appellant.

Craig E. Johnson, Johnson, Ramstad & Mottinger, P.L.L.P., Fargo, N.D., for respondent and appellee.

CROTHERS, Justice.

[¶ 1] Jorjann Carlson appealed from a judgment dismissing her claim against the estate of her ex-husband, Robert E. Carlson, and denying her motion to join the personal representative of the estate as a third party in her California court action for division of Robert Carlson's military retirement benefits. We vacate that part of the judgment denying Jorjann Carlson's motion to join the personal representative in the California action because...

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