Legal Opinion

In Re Estate of Howser

North Dakota Supreme Court

Decided February 20, 2002No. 20010185PublishedCited by 12 opinions

1Opinion of the Court

MARING, Justice.

[¶ 1] The contestants of Irene How-ser’s 1999 will appealed a judgment upholding the will and refusing to remove Jerry Anderson as personal representative of Howser’s estate. We hold the trial court did not clearly err in finding that a presumption of undue influence in the drafting of Howser’s will had been rebutted, and in refusing to remove Jerry Anderson as personal representative of Howser’s estate. We affirm.

I

[¶ 2] Howser died on January 6, 2000 at the age of 96. Her husband predeceased her, and they had no children. Howser’s surviving relatives consisted of a niece, a…

2Cases cited11 opinions

  1. Moen v. ThomasNorth Dakota Supreme Court · 2001
  2. Estate of Wenzel-Mosset Ex Rel. Gaukler v. NickelsNorth Dakota Supreme Court · 1998
  3. Thomas Ex Rel. Schmidt v. ThomasNorth Dakota Supreme Court · 1995
  4. Matter of Estate of PoldaNorth Dakota Supreme Court · 1984
  5. Cudworth v. CudworthNorth Dakota Supreme Court · 1981

6 more not listed; retrieve them via the Exa API.

3Cited by12 opinions

  1. McDowell v. McDowellNorth Dakota Supreme Court · 2003
  2. In Re Estate of HassNorth Dakota Supreme Court · 2002
  3. Piatz v. Austin Mutual Insurance Co.North Dakota Supreme Court · 2002
  4. In Re Estate of GleesonNorth Dakota Supreme Court · 2002
  5. Sprague v. EvansonNorth Dakota Supreme Court · 2012

7 more not listed; retrieve them via the Exa API.

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