Estate of Lutz

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
Nature of Action: Probate - Wills - Trusts
Counsel:
Appellant: Wheeler Wolf
Appellee: Zuger Kirmis & Smith
Unknown: Tschider & Smith
Term: 10/2000   Argument: 10/09/2000  10:45am
ND cite: 2000 ND 226
NW cite: 620 N.W.2d 589


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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Docket entries:
104/03/2000 NOTICE OF APPEAL: 03/31/2000
204/03/2000 ORDER FOR TRANSCRIPT: 03/31/2000
304/03/2000 RETENTION OF RECORD ON APPEAL: 05/20/2000
404/03/2000 ANNOUNCED DISQUALIFICATION: Maring, Mary Muehlen
504/03/2000 ANNOUNCED DISQUALIFICATION: VandeWalle, Gerald W.
604/13/2000 NOTICE OF CROSS APPEAL (filed in trial court on 4-11-00)
705/19/2000 TRANSCRIPT DATED September 27, 1999
805/19/2000 DISK - TRA (9-27-99)
905/23/2000 RECORD ON APPEAL (3 Vol.)with separates, exhibits and Transcripts dated May 5,6 & 7, 1998 (3Vol.)
1006/23/2000 MOTION TO INCREASE WORD LIMITATION ON BRIEF OF APPELLANT
1106/27/2000 ACTION BY SUPREME COURT (WAN) (ADDITIONAL 1,000 WORDS)
1206/28/2000 APPELLANT BRIEF (2 cys missing pgs 20-22 and 5 cys missing pgs 19-21)
1306/28/2000 APPELLANT APPENDIX
1406/28/2000 DISK - ATB
1506/30/2000 Pages 19-21 for ATB (inserted in ATB)
1606/30/2000 Pages 20-22 for ATB (inserted in ATB)
1707/05/2000 MOT. EXT/TIME APPELLEE BRIEF (Letter from James Hill dated 7-3-00)
1807/05/2000 ACTION BY CLERK (8-4-00 is approximate date. See PM's letter dated 7-5-00). Granted: 08/04/2000
1907/05/2000 Copies of page 79 of ATA - inserted into ATA
2007/07/2000 Ltr from Jim Hill re service of missing pages of ATB & ATA
2108/04/2000 APPELLEE BRIEF
2208/04/2000 APPELLEE APPENDIX
2308/04/2000 DISK of AEB
2408/18/2000 REPLY BRIEF
2508/18/2000 ADDENDUM TO APPENDIX OF APPELLANT (NOTE: gray cover)
2608/18/2000 DISK - RYB
2709/19/2000 SITTING WITH THE COURT: Glaser, Gerald G.
2809/19/2000 SITTING WITH THE COURT: O'Keefe, James H.
2910/09/2000 APPEARANCES: Gregory C. Larson; Rebecca S. Thiem, James S. Hill
3010/09/2000 ARGUED: Larson; Thiem (Vol. X; page 64)
3112/29/2000 DISPOSITION: AFFIRMED
3212/29/2000 UNANIMOUS OPINION: Neumann, William A.
3312/29/2000 Costs on appeal in favor of the Appellees
3401/03/2001 Order/Judgment Mailed to Parties
3501/12/2001 Mot. & Brief/Ext/Time Petition for Rehearing
3601/12/2001 ACTION BY CLERK. Granted: 01/19/2001
3701/19/2001 PETITION FOR REHEARING
3801/19/2001 DISK - PER
3902/19/2001 ACTION BY SUPREME COURT (PER). Denied
4003/02/2001 MANDATE
4103/07/2001 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
4205/17/2007 EXPUNGED - Nonpermanent record items destroyed

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