Estate of Elken
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| 20060331 |
In the Matter of the Estate of Gilbert Elken, Jr., Deceased.
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Lorry Larson, Petitioner and Appellant
v.
Mark Fraase, Personal Representative
of the Estate of Gilbert Elken, Jr., Respondent and Appellee
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| Appeal from: |
District Court,
East Central Judicial District,
Traill County
Judge Wade L. Webb |
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Nature of Action: |
Probate - Wills - Trusts
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| Counsel: |
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| Term: |
04/2007 Argument: 04/17/2007 01:30pm
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| ND cite: |
2007 ND 107
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| NW cite: |
735 N.W.2d 842
Listen to recording of oral argument
using RealPlayer Basic,© a free download.
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| Issues: |
Appellant's Statement of the Issues:
1. The first issue is whether a "reasonably ascertainable creditor" is limited to those who regularly submit billing statements to the decedent. The second issue is whether a claimant can file a claim against the Estate more than three months after
publication: when (1) the Personal Representative invited the claimant to submit a bill for payment more than three months after publication; and (2) the guardian and conservator of the decedent/life tenant was aware of the claim, and the exact
amount of the claim could not be determined until the decedent's personal effects were removed from the home.
Appellee's Statement of the Issues:
I.The District Court Did Not Err When it Ruled That Mr. Larson Was Not a "Reasonably Identifiable Creditor" Because the Record Shows the Personal Representative Had No Notice of Circumstances That Would Have Lead Him to Discover Mr. Larson's Claim
Before the Non-Claim Period Expired.
II.Larson Cannot Establish Either Waiver or Equitable Estoppel to Justify the Late Filed Claims.
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| 1 | | 11/20/2006 | |
NOTICE OF APPEAL: 11/17/2006 |
| 2 | | 11/20/2006 | |
ORDER FOR TRANSCRIPT: 11/17/2006 |
| 3 | | 11/20/2006 | |
ANNOUNCED DISQUALIFICATION: Sandstrom, Dale V. |
| 4 | | 12/06/2006 | |
TRANSCRIPT DATED AUGUST 30, 2006 |
| 5 | | 12/06/2006 | |
DISK tra (August 30, 2006) e-mailed |
| 6 | | 12/13/2006 | |
RECORD ON APPEAL |
| 7 | | 12/29/2006 | |
Letter dated December 28, 2006, from Wm. Brudvik regarding appealability |
| 8 | | 01/15/2007 | |
Letter dated January 15, 2007, from Bruce H. Carlson regarding appealability |
| 9 | | 01/17/2007 | |
Reset due date for appellant's brief after stay. |
| 10 | | 01/17/2007 | |
ACTION BY SUPREME COURT (MAT). Granted: 02/16/2007 |
| 11 | | 02/16/2007 | |
APPELLANT BRIEF (e-filed) (PDF) |
| 12 | | 02/16/2007 | |
E-FILED BRIEF (ATB) (PDF) |
| 13 | | 02/16/2007 | |
APPELLANT APPENDIX (E-filed) (PDF) |
| 14 | | 02/16/2007 | |
E-FILED APPENDIX (e-filed) (PDF) |
| 15 | | 02/20/2007 | |
Received $25 surcharge for ATB (Receipt #17284) |
| 16 | | 02/21/2007 | |
Rec'd cys of ATB from CSD |
| 17 | | 02/21/2007 | |
Rec'd cys of ATA from CSD |
| 18 | | 03/16/2007 | |
APPELLEE BRIEF |
| 19 | | 03/16/2007 | |
APPELLEE APPENDIX |
| 20 | | 03/19/2007 | |
DISK - aeb |
| 21 | | 03/19/2007 | |
Affidavits of Service by Mail of the Appellee's Brief and Appellee's Appendix |
| 22 | | 03/21/2007 | |
SITTING WITH THE COURT: Leclerc, Lawrence A. |
| 23 | | 03/30/2007 | |
REPLY BRIEF of Appellant (e-filed) |
| 24 | | 03/30/2007 | |
E-FILED BRIEF (RYB) |
| 25 | | 04/03/2007 | |
Received 7 copies of RYB from Central Duplicating |
| 26 | | 04/17/2007 | |
APPEARANCES: Brett A. Brudvick, Sara K. Sorenson; Bruce H. Carlson |
| 27 | | 04/17/2007 | |
ARGUED: Brudvick; Carlson |
| 28 | | 04/17/2007 | |
ORAL ARGUMENT WEBCAST |
| 29 | | 07/02/2007 | |
DISPOSITION: REVERSED AND REMANDED |
| 30 | | 07/02/2007 | |
UNANIMOUS OPINION: Crothers, Daniel John |
| 31 | | 07/02/2007 | |
Costs on Appeal taxed in favor of Appellant |
| 32 | | 07/02/2007 | |
Judgment E-Mailed to Parties |
| 33 | | 07/24/2007 | |
MANDATE |
| 34 | | 07/27/2007 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |