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IN RE ESTATE OF VESTRE

No. 20100400.

799 N.W.2d 379 (2011)

2011 ND 144

In the Matter of the ESTATE OF Maxine J. VESTRE, Deceased. Rose Morgan, Petitioner and Appellant v. James Vestre, Respondent and Appellee.

Supreme Court of North Dakota.

July 13, 2011.

Attorney(s) appearing for the Case

Debra Lynn Hoffarth (argued), Minot, ND, for petitioner and appellant.

Michael S. McIntee (argued), Towner, ND, for respondent and appellee.

CROTHERS, Justice.

[¶ 1] Rose Morgan appeals from the district court's judgment denying probate of Maxine Vestre's will after a jury found Maxine Vestre lacked testamentary capacity to make a will and the will was the product of undue influence. Morgan argues the district court erred by allowing a jury trial after James Vestre ("Vestre") waived his right to a jury trial, by denying her motions for summary judgment and judgment as a matter of law, by admitting...

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