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 9:00am|
|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V.Did the trial court err in concluding a written promissory note superseded the prior agreement between the joint obligors as to the amount of the common debt for which each intended to be responsible?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|
|12||06/27/2007||DISK (ATB) electronic|
|13||06/27/2007||CORRECTED TITLE PAGES FOR ATB & ATA|
|16||07/25/2007||DISK - aeb|
|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|
|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|