Estate of Lutz
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| 20000098 |
In the Matter of the Estate of Emanuel Lutz, Deceased
-----------------
Lavilla Oswald Lutz, Petitioner, Appellant
and Cross-Appellee
v.
Ingrid L. Schneider and
Edward J. Lutz, Co-Personal
Representatives of the Estate
of Emanuel Lutz, Respondents, Appellees
and Cross-Appellants
|
| Appeal from: |
District Court,
South Central Judicial District,
Burleigh County
Judge Burt L. Riskedahl |
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Nature of Action: |
Probate - Wills - Trusts
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| Counsel: |
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| Term: |
10/2000 Argument: 10/09/2000 10:45am
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| ND cite: |
2000 ND 226
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| NW cite: |
620 N.W.2d 589
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| Issues: |
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?
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 Add Docket 20000098 RSS
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| 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 |
| 40 | | 03/02/2001 | |
MANDATE |
| 41 | | 03/07/2001 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |
| 42 | | 05/17/2007 | |
EXPUNGED - Nonpermanent record items destroyed |