Matter of Estate of Honerud

PEDERSON, Justice.

This is an appeal from a judgment of the district court of Cass County dismissing an appeal from a judgment of the county court which denied fees and costs to the proponent of a contested will. We affirm.

Kenneth Sanden filed for probate a will executed by Marius Honerud which effectively disinherited his two daughters and left the bulk of his estate to Sanden. The validity of this will was before the court in Matter of Estate of Honerud, 294 N.W.2d 619 (N.D.1980). In that case, we affirmed the lower court’s determination that Hone-rud lacked testamentary capacity and that…