In Re Estate of Bogner

(on reassignment).

This case is on appeal from a June 23, 1969, judgment issued by the district court of Stark County, North Dakota, which affirmed an order of the county court of Stark County admitting the Last Will and Testament of Philip Bogner to probate. A demand for a trial de novo has been made.

On February 13, 1956, Philip Bogner made and executed his Last Will and Testament. Paragraph Three of Mr. Bogner’s will devised and bequeathed to his daughter, Helen Bogner Fallgren, and to her husband, Curtis Fallgren, or to the survivor of them, each an undivided one-half interest in certain…