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Millie died intestate without issue. She was survived by her husband, H and her father, Heinz. No administration of her estate was done, but H took possession of the entire estate. With the funds, H paid all her known debts, and burial expenses and paid Heinz $2,000. Heinz signed a receipt with settlement in full. H retained the remaining $7,400 in satisfaction of his statutory rights. Four years later Heinz was appointed to represent Millie's estate. Heinz sued H for the $11,300. There was no allegation of fraud or overreaching.

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