Estate of Dion

20000178 In the Matter of the Estate of Leo H. Dion
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Viola Bartusch, Petitioner and Appellant
v.
Kenneth Hager, Personal
Representative of the
Estate of Leo H. Dion, Respondent and Appellee
------------------
Carnegie Library and
Devils Lake Area Foundation, Appellee

Appeal from: District Court, Northeast Judicial District, Ramsey County
Judge Donovan John Foughty
Nature of Action: Probate - Wills - Trusts
Counsel:
Appellant: Pro se
Appellee: Traynor Law Firm, PC
Appellee: Haugland, Halbach and Halbach
Term: 12/2000   Argument: 12/12/2000  10:45am
ND cite: 2001 ND 53
NW cite: 623 N.W.2d 720


Issues: Appellant's Statement of the Issues:
1. Did the trial court err by not finding the will invalid as a matter of law under N.D.C.C.  30.1-29-08's prohibition against court-made wills -- or at least by not presenting to the jury as a question of fact the court-made will claim and/or undue influence claims?
2. Did the trial court err by not finding the will invalid because the court became involved with making the will without following the ante-mortem probate statute, N.D.C.C.  30.1-08.1-02, 03, requiring notice to all intestate heirs and an in-court proceeding to determine the existence of "the requisite testamentary capacity and freedom from undue influence"?
3. Did the trial court err by denying a motion for new trial on testamentary capacity?
4. Did the trial court err by not transferring venue of the trial from Ramsey County when a county-funded library was a principal heir in the contested will?
5. Did the trial court err by awarding attorney's fees, statutory costs and disbursements against me?

Appellee's Statement of the Issues:
1. Whether section 30.1-29-08, N.D.C.C. invalidates the Last Will and Testament executed by Leo H. Dion on June 18, 1998.
2. Whether the court erred in not presenting to the jury the issue of whether section 30.1-29-08, N.D.C.C., invalidates the Last Will and Testament executed by Leo H. Dion on June 18, 1998.
3. Whether the trial court property granted a directed verdict against Bartusch on the issues of the alleged undue influence of Michael Steffan and Patsy Hood.
4. Whether the Last Will and Testament executed by Leo H. Dion on June 18, 1998, is invalid because the court did not order that the "ante-mortem probate statute" procedure, set forth in sections 30.1-08.1-02 and 30.1-08.1-03, N.D.C.C. be used.
5. Whether the trial court erred in denying a motion for new trial on the issues of testamentary capacity.
6. Whether the trial court abuse its discretion in denying a motion for change of venue.
7. Whether the trial court abused its discretion in awarding attorneys fees, statutory costs and disbursements against Bartusch.


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Docket entries:
106/19/2000 NOTICE OF APPEAL: 06/14/2000
206/19/2000 ORDER FOR TRANSCRIPT: 06/14/2000
307/13/2000 RECORD ON APPEAL (5 volumes) and Exhibits
407/28/2000 TRANSCRIPTS DATED March 13, 14, 15, 16, & 17, 2000 (5 volumes)
508/01/2000 DISKS - TRA (5) (March 13-17, 2000)
609/06/2000 APPELLANT BRIEF
709/06/2000 APPELLANT APPENDIX
809/08/2000 DISK - ATB
910/10/2000 APPELLEE APPENDIX
1010/11/2000 MOT. EXT/TIME APPELLEE BRIEF (sua suponte)
1110/11/2000 ACTION BY CLERK. Granted: 10/20/2000
1210/17/2000 APPELLEE BRIEF
1310/17/2000 DISK - AEB
1412/12/2000 APPEARANCES: Viola Bartusch; Peter K. Halbach, J. Thomas Traynor
1512/12/2000 ARGUED: Bartusch; Halbach (Vol. X; page 94)
1612/12/2000 ORAL ARGUMENT WEBCAST
1703/20/2001 DISPOSITION: AFFIRMED
1803/20/2001 UNANIMOUS OPINION: Kapsner, Carol Ronning
1903/20/2001 Costs on appeal taxed in favor of appellees
2003/21/2001 Order/Judgment Mailed to Parties
2104/11/2001 MANDATE
2204/13/2001 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
2306/12/2007 EXPUNGED - Nonpermanent record items destroyed

Generated from Supreme Court Docket on 07/30/2014