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IN RE ESTATE OF BARTELSON

No. 20140244.

864 N.W.2d 441 (2015)

2015 ND 147

In the Matter of the ESTATE OF Ralph BARTELSON, deceased. Jean Valer and Jane Haught, Petitioners and Appellees, v. Neil Bartelson, Steven M. Fischer, Personal Representative of the Estate of Diane Fischer and Guardian and Protective Services, Personal Representative, Respondents. Neil Bartelson, Appellant.

Supreme Court of North Dakota.

June 11, 2015.

Attorney(s) appearing for the Case

William C. Severin , Bismarck, N.D., for petitioners and appellees.

Clark J. Bormann (argued) and Sophie Y. Morgan (appeared), Bismarck, N.D., for respondent and appellant.

[¶1] Neil Bartelson appeals from an order denying his petition to remove Guardian and Protective Services ("GAPS") as personal representative of Ralph Bartelson's estate and to appoint him as successor personal representative. Because the district court failed to apply the presumption of undue influence and incorrectly presumed...

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