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MATTER OF ESTATE OF JOHNSON

Civ. No. 920327.

501 N.W.2d 342 (1993)

In the MATTER OF the ESTATE OF Julia JOHNSON, Deceased. Orlando JOHNSON, individually, and as the son, heir and devisee in the Estate of Julia Johnson, Appellant and Cross-Appellee, v. ESTATE OF Julia JOHNSON, Deceased, Kenneth Johnson and Lillian Erickson, Defendants, and Hazel Ackerman, Appellee and Cross-Appellant.

Supreme Court of North Dakota.

June 16, 1993.

Attorney(s) appearing for the Case

Caldis, Arneson & Tingum, Ltd., Grand Forks, for appellant and cross-appellee; argued by Gordon Caldis.

McElroy, Camrud, Maddock & Olson, Grand Forks, for appellee and cross-appellant; argued by Scott D. Jensen.

MESCHKE, Justice.

Orlando Johnson appealed from a county court order construing the will of Orlando's mother, Julia Johnson, and ordering distribution of her estate. We conclude that the court misconstrued Julia's will, and we reverse and remand for distribution of the estate in accord with this opinion.

Julia married Herman Johnson. They owned a home in Grand Forks and two quarters of farmland south of Grand Forks, which we will refer to as the NW¼ and...

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