concurring specially and dissenting.
I concur in the result but I do not agree that the clearly erroneous rule applies because it is incompatible and inconsistent with the clear and convincing rule which applies. See my special concurrence and dissenting opinion in Miller v. Rambousek, 331 N.W.2d 548 (N.D.1983); Dayap v. Kupperion, 331 N.W.2d 22 (N.D.1983).
VANDE WALLE, J., concurs.