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ERICKSON v. OLSEN

No. 20130217.

844 N.W.2d 585 (2014)

2014 ND 66

Curtis L. ERICKSON, Petitioner and Appellee v. Dean OLSEN, Susan Olsen, Bobby Olsen, Clee Raye Olsen, Marion Bergquist, and the Estate of Clarence Erickson, Respondents. Dean Olsen, Susan Olsen, Bobby Olsen, Clee Raye Olsen, and Marion Bergquist, Appellants.

Supreme Court of North Dakota.

April 3, 2014.

Attorney(s) appearing for the Case

Daniel J. Nagle , Mandan, ND, for petitioner and appellee.

David J. Smith (argued), Tyler J. Malm (appeared), and Sheldon A. Smith (on brief), Bismarck, ND, for respondents and appellants.

KAPSNER, Justice.

[¶ 1] Dean Olsen, Susan ("Sue") Olsen, Bobby Olsen, Clee Raye Olsen, and Marion Bergquist ("the appellants") appeal a district court judgment invalidating transfers of money and real property from Clarence Erickson to the appellants and invalidating Clarence Erickson's will on the bases of lack of capacity and undue influence. The appellants also appeal a district court order denying the appellants' N.D.R.Civ.P. 52(b) motion to amend the district...

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