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IN RE: the ESTATE OF Frances CONNOLLY a/k/a Francis Connolly, Deceased Shawn M. Connolly, Personal Representative, Petitioner and Appellee v. Shireen F. Ducheneaux, Brian B. Connolly, Michael D. Connolly, Stephanie A. Langford, Kelly B. Blindauer, Brianna R. Connolly, and James G. Connolly, Respondents and Appellants and Kathleen B. Zahl, Kenneth P. Connolly, and Phillip P. Connolly, Respondents and Leighann N. Barton, Claimant
[¶1] Shireen Ducheneaux, Brian Connolly, Michael Connolly, Stephanie Langford, Kelly Blindauer, Brianna Connolly, and James Connolly (collectively, “Appellants”) appeal from a district court's judgment entered after a bench trial. On appeal, Appellants argue the court's findings that Frances Connolly had sufficient testamentary capacity to prepare and execute her will and that Shawn Connolly did not unduly influence Frances Connolly into executing her will are clearly erroneous. They also argue the court abused its discretion by excluding bank statements and other financial documents during trial. After reviewing the record, we conclude the court's findings that Frances Connolly had the requisite testamentary capacity to execute her will and that Shawn Connolly did not unduly influence Frances Connolly into executing her will are not clearly erroneous, and the court did not abuse its discretion in excluding evidence at trial. We summarily affirm the court's judgment under N.D.R.App.P. 35.1(a)(2) and (4).
Per Curiam.
[¶2] Jon J. Jensen, C.J. Daniel J. Crothers Lisa Fair McEvers Jerod E. Tufte Douglas A. Bahr
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Docket No: No. 20240230
Decided: February 13, 2025
Court: Supreme Court of North Dakota.
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FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
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