|Filed May 26, 1993|
In the Matter of the Estate of John Willard Skei, Deceased.
Barbara Brugger, Appellee
Dorothea Stroh, Lloyd Stroh, Arlie and Evelyn Krein, Appellants
Civil No. 920362
Appeal from the County Court for Burleigh County, South Central Judicial District, the Honorable Burt L. Riskedahl, Judge.
A. William Lucas, of Lucas Law Office, Bismarck, for appellee.
Kent M. Morrow, of Severin & Ringsak, Bismarck, for appellants.
Matter of Estate of Skei
Dorothea Stroh, Lloyd Stroh, Arlie Krein, and Evelyn Krein appealed from a county court order in an unsupervised probate administration denying their petition to remove Barbara Brugger as personal representative of the estate of John Willard Skei. The trial court's finding that the petitioners failed to prove their claimed losses sustained from Brugger's alleged mismanagement of the estate is not clearly erroneous. Rule 52(a), N.D.R.Civ.P. Based on our review of the record, we conclude that the trial court did not abuse its discretion in refusing to remove Brugger as personal representative. Because the appeal is not frivolous, we deny Brugger's Rule 38, N.D.R.App.P., request for double costs and attorney fees. Accordingly, we affirm the order under Rule 35.1(a)(2) and (4).
Gerald W. VandeWalle, C.J.
Dale V. Sandstrom
William A. Neumann
Beryl J. Levine
Herbert L. Meschke