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IN RE ESTATE OF EGGL

No. 20100048.

783 N.W.2d 36 (2010)

2010 ND 104

In the Matter of the ESTATE OF Tony F. EGGL, Deceased. James K. Eggl, Virginia Dorothea Crotty, Wilhelmina K. Goergen, Scott Eggl, Margaret A. Raddohl, Victoria Steele, Catherine Haus, Mary F. Klinge, Mark S. Eggl, John C. Eggl, Jill Elaine Eggl, and Cynthia J. Eggl, Petitioners and Appellees v. DiMarie Bjorge, Respondent and Appellant and Donald Eggl and Janet M. Eggl, individually and as Personal Representatives of the Estate of Tony F. Eggl, Deceased, Sevda Raghib, Dr. Ender Raghib, Aysun Raghib, Dr. Timur Raghib, and Jacqueline Raghib Trail, Respondents.

Supreme Court of North Dakota.

June 10, 2010.

Attorney(s) appearing for the Case

J. Thomas Traynor Jr. (argued), Devils Lake, ND, for petitioners and appellees.

Steven E. Smith (argued), Fort Myers, FL and J. Bruce Gibbens (appeared), Cando, ND, for respondent and appellant DiMarie Bjorge.

KAPSNER, Justice.

[¶ 1] DiMarie Bjorge appeals from a district court order interpreting Tony Eggl's will. We hold Tony Eggl's will is not ambiguous and demonstrates Tony Eggl intended for his residuary estate to be distributed per capita among his nieces and nephews. We affirm the district court order.

I.

[¶ 2] Tony Eggl died in January 2009. He was predeceased by all five siblings, four of whom had children. Tony Eggl had sixteen nieces...

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