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IN RE ESTATE OF CONLEY

No. 20070321.

753 N.W.2d 384 (2008)

2008 ND 148

In the Matter of the ESTATE OF Harry Wayne CONLEY, Deceased. Margaret York, Petitioner and Appellee v. Albert E. Conley and Colin H. Conley, Co-Personal Representatives of the Estate of Harry Wayne Conley, Deceased, Respondents and Appellants.

Supreme Court of North Dakota.

July 23, 2008.

Attorney(s) appearing for the Case

James A. Reisnour (argued), Mackenzie & Reisnour, Jamestown, ND, for petitioner and appellee.

Joseph F. Larson II (argued), Larson Law Firm, Jamestown, ND, for respondents and appellants.

KAPSNER, Justice.

[¶ 1] Albert and Colin Conley, as personal representatives of the estate of Harry Wayne Conley, appeal a district court order determining testacy in the estate of Harry Wayne Conley. Because the district court erroneously failed to apply the common law presumption that a missing will is revoked, we reverse and remand for further proceedings consistent with this opinion.

I

[¶ 2] Harry Wayne Conley died on April 21, 2001...

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