Estate of Hass

20010233 In the Matter of the Estate of Francis Hass, Deceased

Dallas Hass, Lloyd Hass,
and Shirley Puppe, Appellants
v.
Kenneth W. DeKrey, Personal
Representative, Wayne Hass
and Louis Hass, Appellees

Appeal from: District Court, Southeast Judicial District, Barnes County
Judge Mikal Simonson
Nature of Action: Probate - Wills - Trusts
Counsel:
Appellant: Mertz Law Office
Appellee: Serkland Law Firm
Term: 04/2002   Argument: 04/17/2002  2:45pm
ND cite: 2002 ND 82
NW cite: 643 N.W.2d 713

Listen to recording of oral argument in MP3 format

Issues: 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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Docket entries:
109/24/2001 NOTICE OF APPEAL: 09/21/2001
209/24/2001 ORDER FOR TRANSCRIPT: 09/21/2001
310/19/2001 RETENTION OF RECORD ON APPEAL (Court Reporter): 11/10/2001
411/08/2001 RECORD ON APPEAL (2 VOLS.); Exhibits, Video Tapes (5); Depositions (7), & Transcripts (9)
511/13/2001 TRANSCRIPT DATED May 15, 2001
611/14/2001 DISK - TRA dated May 15, 2001
712/24/2001 APPELLANT BRIEF
812/24/2001 APPELLANT APPENDIX
912/26/2001 DISK - ATB
1012/31/2001 DISK - corrected ATB
1101/25/2002 MOT. EXT/TIME APPELLEE BRIEF & Affidavit in Support
1201/25/2002 ACTION BY CHIEF JUSTICE (30 day extension granted). Granted: 02/22/2002
1302/22/2002 APPELLEE BRIEF
1402/25/2002 DISK - AEB
1502/25/2002 Stipulation for Substitution of Counsel (Steven Aakre replaces Erik Johnson)
1602/26/2002 Letter from Louis A. Hass consenting to substitution of counsel (attached to Stipulation)
1704/17/2002 APPEARANCES: Monty G. Mertz; Steven K. Aakre
1804/17/2002 ARGUED: Mertz; Aakre (Vol. X; Page 215)
1904/17/2002 ORAL ARGUMENT WEBCAST
2005/14/2002 DISPOSITION: AFFIRMED
2105/14/2002 UNANIMOUS OPINION: Maring, Mary Muehlen
2205/14/2002 Costs on appeal awarded in favor of the Appellees
2305/20/2002 Order/Judgment Mailed to Parties
2406/07/2002 MANDATE
2506/11/2007 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
2606/12/2002 Corrected/Substitute Opinion Page 9, para 22, line 32
2709/26/2007 EXPUNGED - Nonpermanent record items destroyed

Generated from Supreme Court Docket on 12/18/2014