|10:15am||Tuesday, November 1, 2011|
In the Matter of the Estate of
Harriet O. Clemetson, deceased
Philip Sprague, Petitioner and Appellant
Kenneth Evanson, Personal
Representative, Respondent and Appellee
|Appeal from:||Northeast Central Judicial District, Grand Forks County, Judge Debbie Gordon Kleven|
|Nature of Action:||Probate - Wills - Trusts|
Appellant's Statement of the Issues:|
1. When there is testimony that a Will was in existence at the time of the decedent's death, did the district court err as a matter of law in applying the presumption of animo revocandi?
2. Alternatively to the first issue, did the district court err in finding the presumption of animo revocandi had not been overcome?
Appellee's Statement of the Issues:
[ 1] Harriet Clemetson did not execute a valid will. The draft of the purported will does not meet the statutory requirements to be considered valid.
[ 2] If a will had existed, the district court was correct in applying the common law presumption of animo revocandi.
Generated from Supreme Court Docket on 11/30/2011