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IN THE MATTER OF THE ESTATE OF KISH

No. 20230275.

2024 ND 76

In the Matter of the Estate of Susan M. Kish, A/K/A Susan Marie Kish, A/K/A Susan Kish, Deceased. Julie A. Thorson, Personal Representative, Petitioner and Appellant, v. Michael Kish, Callie Carpenter and Shane Klosterman, Respondents and Appellees.

Supreme Court of North Dakota.

Filed April 26, 2024.

Attorney(s) appearing for the Case

Andrew D. Cook (argued) and Brittney M. Kelley (on brief), West Fargo, N.D., for petitioner and appellant.

Berly D. Nelson (argued) and Timothy G. Richard (on brief), Fargo, N.D., for respondent and appellee Michael Kish.

Matthew D. Kirschenmann , Fargo, N.D., for respondent and appellee Callie Carpenter; submitted on brief.

Don R. Krassin , Wahpeton, N.D., for respondent and appellee Shane Klosterman; submitted on brief.

Opinion of the Court by Tufte, Justice, in which Chief Justice Jensen and District Judge El-Dweek joined. Justice Crothers filed an opinion concurring and dissenting. Justice Bahr also filed an opinion concurring and dissenting, in which Justice Crothers joined.

[¶1] Julie Thorson, personal representative of the Estate of Susan Kish, appeals a district court order partially granting summary judgment in favor of Michael Kish. On appeal, Thorson argues the district court erred as a matter of law because the homestead conveyance restrictions under N.D.C.C. § 47-18-05 do not invalidate...

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