North Dakota Supreme Court March 17, 1978, Civ. 9397 (Boone v. Estate of Nelson)

PAULSON, Judge.

This is an appeal from a summary judgment of the Burleigh County District Court entered on June 3, 1977.

On August 9, 1976, the personal representative of the Estate of Halley D. Nelson [hereinafter the Estate] filed a petition in the Burleigh County Probate Court requesting the formal probate of Nelson’s will dated December 12, 1975.