Estate of Richmond
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| 20040360 |
In the Matter of the Estate of
Lois Helen Richmond, deceased
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Karen Black, Petitioner and Appellant
v.
Donald Richmond, Respondent and Appellee
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| Appeal from: |
District Court,
South Central Judicial District,
Burleigh County
Judge Bruce A. Romanick |
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Nature of Action: |
Probate - Wills - Trusts
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| Counsel: |
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| Term: |
05/2005 Argument: 05/03/2005 09:30am
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| ND cite: |
2005 ND 145
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| NW cite: |
701 N.W.2d 897
Listen to recording of oral argument
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| Issues: |
Appellant's Statement of the Issues:
I. Whether the District Court erred in finding there were no genuine issues of fact to be tried as to whether Donald Richmond's designation as a devisee under the Last Will of Lois Helen Richmond was a product of his fraudulent conduct, given the
conflicting evidence before the Court.
II. Whether the District Court erred in failing to review that conflicting evidence in the light most favorable to the non-moving party, Karen Black.
Appellee's Statement of the Issues:
I. Whether the District Court erred in finding there were no genuine issues of fact to be tried as to whether Donald Richmond's designation as a devisee under the Last Will of Lois Helen Richmond was a product of his fraudulent conduct, given the
conflicting evidence before the Court.
II. Whether the District Court erred in failing to review that conflicting evidence in the light most favorable to the non-moving party, Karen Black.
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| 1 | | 12/13/2004 | |
NOTICE OF APPEAL: 12/10/2004 |
| 2 | | 12/13/2004 | |
ORDER FOR TRANSCRIPT: 12/10/2004 |
| 3 | | 12/15/2004 | |
RETENTION OF RECORD ON APPEAL: 01/29/2005 |
| 4 | | 01/20/2005 | |
TRANSCRIPT DATED July 19, 2004 |
| 5 | | 01/20/2005 | |
DISK - TRA of 7-19-04 |
| 6 | | 01/24/2005 | |
RECORD ON APPEAL & Depositions (3) (Not rec'd: #51, 76, & 79 -- Court Reporter Notes) |
| 7 | | 03/01/2005 | |
MOT. EXT/TIME APPELLANT BRIEF |
| 8 | | 03/01/2005 | |
ACTION BY CLERK (MAT). Granted: 03/03/2005 |
| 9 | | 03/03/2005 | |
APPELLANT BRIEF |
| 10 | | 03/03/2005 | |
APPELLANT APPENDIX |
| 11 | | 03/03/2005 | |
DISK - atb |
| 12 | | 03/15/2005 | |
APPELLEE BRIEF |
| 13 | | 03/15/2005 | |
DISK - e-filed (AEB) |
| 14 | | 03/31/2005 | |
REPLY BRIEF |
| 15 | | 04/01/2005 | |
DISK - ryb |
| 16 | | 05/03/2005 | |
APPEARANCES: Michael F. Daly; James J. Coles |
| 17 | | 05/03/2005 | |
ARGUED: Daly; Coles (Vol. Z; Page 115) |
| 18 | | 05/03/2005 | |
ORAL ARGUMENT WEBCAST |
| 19 | | 07/25/2005 | |
DISPOSITION: AFFIRMED |
| 20 | | 07/25/2005 | |
SPLIT OPINION: Kapsner, Carol Ronning |
| 21 | | 07/25/2005 | |
(Dissenting): VandeWalle, Gerald W.: DISSENT |
| 22 | | 07/25/2005 | |
Costs on appeal taxed in favor of appellee |
| 23 | | 07/26/2005 | |
Judgment Mailed to Parties |
| 24 | | 08/16/2005 | |
MANDATE |
| 25 | | 08/19/2005 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |