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IN RE ESTATE OF SAMUELSON

No. 20080075.

757 N.W.2d 44 (2008)

2008 ND 190

In the Matter of the ESTATE OF Ernest SAMUELSON, Deceased. Amanda J. West and Robin A. West, Petitioners and Appellees v. Opal Myrvik, individually and as Personal Representative for the Estate of Ernest Samuelson, and Alice Sherlock, Ellen Sherlock, Lowell Veum, Allan E. Veum, Raymond Veum, Nancy Salwei, Eugene Ljunggren, Dale Ljunggren, LeRoy Ljunggren, Clyde Ellingson, Boyd Ellingson, Joseph J. Charon, James Charon, Jr., Nancy Steinmann, Thomas Charon, LaVern Hanson, and Eileen Wagner, Respondents and Appellants and Ronald Samuelson, Respondent.

Supreme Court of North Dakota.

October 24, 2008.

Attorney(s) appearing for the Case

Daniel E. Buchanan, Jamestown, ND, for petitioners and appellees.

John A. Warcup, Letnes, Marshall, Swanson & Warcup, Ltd., Grand Forks, ND, for respondents and appellants.

KAPSNER, Justice.

[¶ 1] Opal Myrvik, as personal representative of the estate of Ernest Samuelson, and the Ljunggren family (collateral heirs of Hulda Samuelson), appeal a district court order on a Petition for Adjudication of Intestacy and Determining Heirs. We conclude intestate succession governs the distribution of the remainder of Ernest Samuelson's estate, Ernest Samuelson did not effectively exclude Amanda West and Robin West, and Amanda West and Robin...

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