Sussex v. First National Bank of Grand ForksCivil No. 870212

Erickstad, Chief Justice.

Shirley Sussex appeals from the judgment of the district court of Grand Forks County, dated July 16, 1987. The judgment dismissed her complaint, which prayed for a 11/36 share, rather than a 6/36 share of the residue of a trust created by the last will and testament of Oscar J.M. Gilbertson. The district court judgment granted summary judgment in favor of the trustee and remaining beneficiaries of the trust and dismissed Shirley's complaint. The judgment of the district court is affirmed pursuant to Rule 35.1(a)(6), N.D.R.App.P.

Ralph J. Erickstad, C.J.
Gerald W. VandeWalle
Beryl J. Levine
Herbert L. Meschke
H.F. Gierke III