Estate of Samuelson

1:30pm Wednesday, September 3, 2008
20080075 In the Matter of the Estate of
Ernest Samuelson, Deceased
-------------------------------
Amanda J. West and Robin A. West, Petitioners and Appellees
v.
Opal Myrvik, individually and as
Personal Representative for the
Estate of Ernest Samuelson, and
Alice Sherlock, Ellen Sherlock,
Opal Myrvik, Lowell Veum, Allan E.
Veum, Raymond Veum, Nancy Salwei,
Eugene Ljunggren, Dale Ljunggren,
LeRoy Ljunggren, Clyde Ellingson,
Boyd Ellingson, Joseph J. Charon,
James Charon, Jr., Nancy Steinmann,
Thomas Charon, LaVern Hanson, Eileen
Wagner, and Ronald Samuelson, Respondents and Appellants
Appeal from: Northeast Judicial District, Walsh County, Judge M. Richard Geiger
Nature of Action: Probate - Wills - Trusts
Counsel:

Appellant: Letnes, Marshall, Swanson & Warcup, Ltd.
Appellee: Buchanan Law Office

Issues: Appellant's Statement of the Issues:
Should the Testator's stated intent to preclude any inheritance, whether by will or intestate succession, of his half sister as expressed in his Last Will and Testament dated April 12, 1993, also preclude inheritance of persons claiming by or through the excluded half sister who were strangers to the Testator?
Appellee's Statement of the Issues:
[ 1] Appellants, the Ljunggren Family, characterize the issue as one of the court's giving effect to Ernest Samuelson's testamentary intent, as expressed in his will, in order to preclude his half sister from any inheritance, whether through his will, or by intestate succession, and at the same time excluding her heirs claiming through or under her.
[ 2] The issues before this court are (1) the proper disposition of a decedent's intestate estate when decedent's will fails to pass his estate because of a lapsed residuary devise to his mother and the disinheritance of his half sister, and (2) whether a disinheritance of decedent's half sister by will and through intestate succession prevents the operation of the laws of intestate succession from applying to the half sister's heirs, the only living descendants of decedent's parents.
Briefs:
Case Summary
Appellant Brief
Appellee Brief
Reply Brief
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