Gappert v. Borner

Morris, Ch. J.

This is an appeal from a judgment of the District Court of Morton County decreeing that an order, of the' County Court of Morton County, dated October 6, 1950, appointing J. R. Madsen administrator of the estate of Frederick "William Gappert, deceased, be reversed and adjudged null and void. The deceased who was also known as Fritz Gappert, a resident of Morton County, died intestate on March 11, 1938. Shortly thereafter F. C. McCagherty was appointed administrator. The validity of that appointment was upheld in Borner v. Larson, 70 ND 313, 293 NW 836. On February 21, 1941,…