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IN RE ESTATE OF DIONNE

No. 20090016.

772 N.W.2d 891 (2009)

2009 ND 172

In the Matter of the ESTATE OF Ardis DIONNE, Deceased Randall A. Dionne and Cynthia A. Larson, Petitioners and Appellants v. Norman Dionne, Individually and as Personal Representative of the Estate of Ardis Dionne, Respondent and Appellee.

Supreme Court of North Dakota.

September 28, 2009.

Attorney(s) appearing for the Case

Tom P. Slorby, Slorby Law office, Minot, ND, for petitioners and appellants.

Rebecca S. Thiem (argued) and James S. Hill (on brief), Zuger Kirmis & Smith, Bismarck, ND, for respondent and appellee.

VANDE WALLE, Chief Justice.

[¶ 1] Randall Dionne and Cynthia Larson appealed from a summary judgment dismissing their petition to void a deed issued by Norman Dionne, as personal representative of the estate of Ardis Dionne, to himself. We hold a distribution agreement for Ardis Dionne's estate, which precipitated the deed, is ambiguous, and we reverse the summary judgment and remand for further proceedings.

I

[¶ 2] On November 19, 1998...

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