In the Matter of Estate of Stave

MARING, Justice.

[¶ 1] Lavina Stave appeals from a district court order granting a motion for judgment as a matter of law by the personal representative of the estate of her deceased husband, Trygve Stave, and dismissing her action against the estate. Because we conclude Lavina Stave failed to present any evidence on one of the required elements of her claim of undue influence, we affirm.

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[¶ 2] Trygve and Lavina Stave were married on January 29, 1945, and had two children, Terry Stave in 1945 and Thomas Stave in 1948. In the 1990’s, Trygve Stave developed bladder cancer, and in Septena- ber…