Estate of Lutz
In the Matter of the Estate of Emanuel Lutz, Deceased
Lavilla Oswald Lutz, Petitioner, Appellant
Ingrid L. Schneider and
Edward J. Lutz, Co-Personal
Representatives of the Estate
of Emanuel Lutz, Respondents, Appellees
South Central Judicial District,
Judge Burt L. Riskedahl
|Nature of Action:||Probate - Wills - Trusts|
|Term:||10/2000  Argument: 10/09/2000|
|ND cite:||2000 ND 226|
620 N.W.2d 589
Appellant's Statement of the Issues:|
I. Did the trial court err in determining that the premarital agreement was voluntarily executed by Lavilla Lutz and is therefore not procedurally unconscionable?
II. Did the trial court err in determining that the premarital agreement was not unconscionable when executed and in determining the remedy for the substantively unconscionable premarital agreement?
III. Did the trial court err in determining that Emanuel Lutz's will was ambiguous thereby necessitating reference to extrinsic evidence to determine Emanuel's intent?
IV. Did the trial court err in determining that the services Lavilla Lutz provided to Emanuel Lutz were gratuitous and therefore not compensable?< br> V. Did the trial court err in determining that the unconscionability provisions of N.D.C.C. 14-03.1-06 did not apply in this matter?
VI. Did the trial court err in determining that Lavilla Lutz was not entitled to an award of her litigation expenses and attorneys' fees from the estate?
Appellee's Statement of the Issues:
I. Did the trial court err in finding that the premarital agreement was voluntarily executed by Lavilla Lutz?
II. Did the trial court err in determining that the premarital agreement was not substantively unconscionable and in denying Lavilla's claim to support and for attorney's fees?
III. Did the trial court err in denying Lavilla Lutz's claim to an intestate share?
IV. Did the trial court err in denying Lavilla Lutz's claim for extraordinary services?
V. Did the trial court err in determining, in the alternative, the amount of monthly support necessary to preclude public assistance?
|Add Docket 20000098 RSS|
|1||04/03/2000 NOTICE OF APPEAL: 03/31/2000|
|2||04/03/2000 ORDER FOR TRANSCRIPT: 03/31/2000|
|3||04/03/2000 RETENTION OF RECORD ON APPEAL: 05/20/2000|
|4||04/03/2000 ANNOUNCED DISQUALIFICATION: Maring, Mary Muehlen|
|5||04/03/2000 ANNOUNCED DISQUALIFICATION: VandeWalle, Gerald W.|
|6||04/13/2000 NOTICE OF CROSS APPEAL (filed in trial court on 4-11-00)|
|7||05/19/2000 TRANSCRIPT DATED September 27, 1999|
|8||05/19/2000 DISK - TRA (9-27-99)|
|9||05/23/2000 RECORD ON APPEAL (3 Vol.)with separates, exhibits and Transcripts dated May 5,6 & 7, 1998 (3Vol.)|
|10||06/23/2000 MOTION TO INCREASE WORD LIMITATION ON BRIEF OF APPELLANT|
|11||06/27/2000 ACTION BY SUPREME COURT (WAN) (ADDITIONAL 1,000 WORDS)|
|12||06/28/2000 APPELLANT BRIEF (2 cys missing pgs 20-22 and 5 cys missing pgs 19-21)|
|13||06/28/2000 APPELLANT APPENDIX|
|14||06/28/2000 DISK - ATB|
|15||06/30/2000 Pages 19-21 for ATB (inserted in ATB)|
|16||06/30/2000 Pages 20-22 for ATB (inserted in ATB)|
|17||07/05/2000 MOT. EXT/TIME APPELLEE BRIEF (Letter from James Hill dated 7-3-00)|
|18||07/05/2000 ACTION BY CLERK (8-4-00 is approximate date. See PM's letter dated 7-5-00). Granted: 08/04/2000|
|19||07/05/2000 Copies of page 79 of ATA - inserted into ATA|
|20||07/07/2000 Ltr from Jim Hill re service of missing pages of ATB & ATA|
|21||08/04/2000 APPELLEE BRIEF|
|22||08/04/2000 APPELLEE APPENDIX|
|23||08/04/2000 DISK of AEB|
|24||08/18/2000 REPLY BRIEF|
|25||08/18/2000 ADDENDUM TO APPENDIX OF APPELLANT (NOTE: gray cover)|
|26||08/18/2000 DISK - RYB|
|27||09/19/2000 SITTING WITH THE COURT: Glaser, Gerald G.|
|28||09/19/2000 SITTING WITH THE COURT: O'Keefe, James H.|
|29||10/09/2000 APPEARANCES: Gregory C. Larson; Rebecca S. Thiem, James S. Hill|
|30||10/09/2000 ARGUED: Larson; Thiem (Vol. X; page 64)|
|31||12/29/2000 DISPOSITION: AFFIRMED|
|32||12/29/2000 UNANIMOUS OPINION: Neumann, William A.|
|33||12/29/2000 Costs on appeal in favor of the Appellees|
|34||01/03/2001 Order/Judgment Mailed to Parties|
|35||01/12/2001 Mot. & Brief/Ext/Time Petition for Rehearing|
|36||01/12/2001 ACTION BY CLERK. Granted: 01/19/2001|
|37||01/19/2001 PETITION FOR REHEARING|
|38||01/19/2001 DISK - PER|
|39||02/19/2001 ACTION BY SUPREME COURT (PER). Denied|
|41||03/07/2001 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE|
|42||05/17/2007 EXPUNGED - Nonpermanent record items destroyed|