Estate of Hass
In the Matter of the Estate of Francis Hass, Deceased
Dallas Hass, Lloyd Hass,
and Shirley Puppe, Appellants
Kenneth W. DeKrey, Personal
Representative, Wayne Hass
and Louis Hass, Appellees
Southeast Judicial District,
Judge Mikal Simonson
|Nature of Action:||Probate - Wills - Trusts|
|Term:||04/2002  Argument: 04/17/2002|
|ND cite:||2002 ND 82|
643 N.W.2d 713
Listen to recording of oral argument in MP3 format
Appellant's Statement of the Issues:|
1. Is The trial court's Order appealable?
2. Was the trial court's failure to remove Erik R. Johnson as the personal representative's attorney, and approval of his fees, erroneous?
3. Was the trial court's approval of the personal representative's administration of the estate, and payment of his fees, erroneous?
4. Was the trial court's approval of reimbursement to Wayne Hass erroneous? 5. Was the trial court's failure to remove Mr. DeKrey as the personal representative, and order supervised administration, erroneous?
Appellee's Statement of the Issues:
1. The Trial Court's Order is appealable.
2. The Trial Court properly denied requests to remove the personal representative and order supervised administration.
3. The Trial Court properly approved the personal representative's administration of the estate and payment of fees.
4. The Trial Court properly denied removal of the attorney for the personal representative, and properly approved the attorney's fees.
5. The Trial Court properly approved reimbursement of attorney fees paid by Wayne Hass.
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|1||09/24/2001 NOTICE OF APPEAL: 09/21/2001|
|2||09/24/2001 ORDER FOR TRANSCRIPT: 09/21/2001|
|3||10/19/2001 RETENTION OF RECORD ON APPEAL (Court Reporter): 11/10/2001|
|4||11/08/2001 RECORD ON APPEAL (2 VOLS.); Exhibits, Video Tapes (5); Depositions (7), & Transcripts (9)|
|5||11/13/2001 TRANSCRIPT DATED May 15, 2001|
|6||11/14/2001 DISK - TRA dated May 15, 2001|
|7||12/24/2001 APPELLANT BRIEF|
|8||12/24/2001 APPELLANT APPENDIX|
|9||12/26/2001 DISK - ATB|
|10||12/31/2001 DISK - corrected ATB|
|11||01/25/2002 MOT. EXT/TIME APPELLEE BRIEF & Affidavit in Support|
|12||01/25/2002 ACTION BY CHIEF JUSTICE (30 day extension granted). Granted: 02/22/2002|
|13||02/22/2002 APPELLEE BRIEF|
|14||02/25/2002 DISK - AEB|
|15||02/25/2002 Stipulation for Substitution of Counsel (Steven Aakre replaces Erik Johnson)|
|16||02/26/2002 Letter from Louis A. Hass consenting to substitution of counsel (attached to Stipulation)|
|17||04/17/2002 APPEARANCES: Monty G. Mertz; Steven K. Aakre|
|18||04/17/2002 ARGUED: Mertz; Aakre (Vol. X; Page 215)|
|19||04/17/2002 ORAL ARGUMENT WEBCAST|
|20||05/14/2002 DISPOSITION: AFFIRMED|
|21||05/14/2002 UNANIMOUS OPINION: Maring, Mary Muehlen|
|22||05/14/2002 Costs on appeal awarded in favor of the Appellees|
|23||05/20/2002 Order/Judgment Mailed to Parties|
|25||06/11/2007 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE|
|26||06/12/2002 Corrected/Substitute Opinion Page 9, para 22, line 32|
|27||09/26/2007 EXPUNGED - Nonpermanent record items destroyed|