Estate of Egeland
In the Matter of the Estate of Mary M. Egeland, Deceased
Monte Dean Egeland, Personal
Representative of the Estate
of Mary M. Egeland, Deceased, Petitioner and Appellee
Ronald Egeland, Respondent and Appellant
Southwest Judicial District,
Judge Allan L. Schmalenberger
|Nature of Action:||Probate - Wills - Trusts|
|Term:||10/2007  Argument: 10/22/2007|
|ND cite:||2007 ND 184|
741 N.W.2d 724
Listen to recording of oral argument in MP3 format
Appellant's Statement of the Issues:|
I.Did the trial court err in finding a party to a joint obligation intended her co-obligor to be entirely responsible for the joint obligation despite the fact she agreed to be a co-obligor?
II.Did the trial court err in finding one co-obligor did not benefit from a joint obligation where she was permitted to live throughout her lifetime on property purchased using the proceeds of the joint obligation?
III.Did the trial court err in concluding one party is entirely responsible for a joint obligation where the trial court found the parties' intent was clear from the face of the document making them joint obligors?
IV.Did the trial court err in concluding, for purposes of N.D. Cent. Code 9-01-08, the "proportionate" responsibility of one party to a debt undertaken by two debtors is the entire amount of the debt for a joint obligation?
V.Did the trial court err in concluding a written promissory note superseded the prior agreement between the joint obligors as to the amount of the common debt for which each intended to be responsible?
VI.Did the trial court err in refusing to consider all benefits received by each party to a joint obligation for purposes of determining the amount of contribution to which one party is entitled where the latter satisfies the entire obligation?
Appellee's Statement of the Issues:
1. Whether the Court's Findings of Fact are supported by the evidence?
2. Whether the District Court correctly applied N.D.C.C. 9-01-08 in granting the Personal Representative's Petition for Allocation of Funds?
|Add Docket 20070075 RSS|
|1||03/20/2007 NOTICE OF APPEAL: 03/15/2007|
|2||03/20/2007 ORDER FOR TRANSCRIPT (Kim Schwartz): 03/15/2007|
|3||04/16/2007 RECORD ON APPEAL (2 Volumes). Not included was Entry No. 122 (Entry in Error).|
|4||04/20/2007 ANNOUNCED DISQUALIFICATION: Kapsner, Carol Ronning|
|5||05/03/2007 TRANSCRIPT DATED July 24, 2007|
|6||05/03/2007 DISK - transcript dated July 24, 2007 (emailed)|
|7||05/04/2007 Certificate of Service of Copies of the transcript|
|8||06/07/2007 MOT. EXT/TIME APPELLANT BRIEF|
|9||06/07/2007 ACTION BY CLERK. Granted: 06/26/2007|
|10||06/26/2007 APPELLANT BRIEF|
|11||06/26/2007 APPELLANT APPENDIX|
|12||06/27/2007 DISK (ATB) electronic|
|13||06/27/2007 CORRECTED TITLE PAGES FOR ATB & ATA|
|14||07/25/2007 APPELLEE BRIEF|
|15||07/25/2007 APPELLEE APPENDIX|
|16||07/25/2007 DISK - aeb|
|17||08/13/2007 REPLY BRIEF|
|18||08/13/2007 DISK (RYB)|
|19||09/20/2007 SITTING WITH THE COURT: Leclerc, Lawrence A.|
|20||10/22/2007 APPEARANCES: John J. Petrik; Michael Geiermann|
|21||10/22/2007 ARGUED: Petrik; Geiermann|
|22||10/22/2007 ORAL ARGUMENT WEBCAST|
|23||11/27/2007 DISPOSITION: AFFIRMED|
|24||11/27/2007 UNANIMOUS OPINION: Maring, Mary Muehlen|
|25||11/27/2007 Costs on appeal taxed in favor of Appellee|
|26||11/27/2007 Judgment e-mailed to Parties|
|28||12/21/2007 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE|