Estate of Egeland

20070075 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
v.
Ronald Egeland, Respondent and Appellant

Appeal from: District Court, Southwest Judicial District, Bowman County
Judge Allan L. Schmalenberger
Nature of Action: Probate - Wills - Trusts
Counsel:
Appellant: Vogel Law Firm
Appellee: Schulz Geiermann & Bergeson Law Offices, P.C.
Term: 10/2007   Argument: 10/22/2007  9:00am
ND cite: 2007 ND 184
NW cite: 741 N.W.2d 724

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Issues: 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V.Did the trial court err in concluding a written promissory note superseded the prior agreement between the joint obligors as to the amount of the common debt for which each intended to be responsible?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?

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Docket entries:
103/20/2007 NOTICE OF APPEAL: 03/15/2007
203/20/2007 ORDER FOR TRANSCRIPT (Kim Schwartz): 03/15/2007
304/16/2007 RECORD ON APPEAL (2 Volumes). Not included was Entry No. 122 (Entry in Error).
404/20/2007 ANNOUNCED DISQUALIFICATION: Kapsner, Carol Ronning
505/03/2007 TRANSCRIPT DATED July 24, 2007
605/03/2007 DISK - transcript dated July 24, 2007 (emailed)
705/04/2007 Certificate of Service of Copies of the transcript
806/07/2007 MOT. EXT/TIME APPELLANT BRIEF
906/07/2007 ACTION BY CLERK. Granted: 06/26/2007
1006/26/2007 APPELLANT BRIEF
1106/26/2007 APPELLANT APPENDIX
1206/27/2007 DISK (ATB) electronic
1306/27/2007 CORRECTED TITLE PAGES FOR ATB & ATA
1407/25/2007 APPELLEE BRIEF
1507/25/2007 APPELLEE APPENDIX
1607/25/2007 DISK - aeb
1708/13/2007 REPLY BRIEF
1808/13/2007 DISK (RYB)
1909/20/2007 SITTING WITH THE COURT: Leclerc, Lawrence A.
2010/22/2007 APPEARANCES: John J. Petrik; Michael Geiermann
2110/22/2007 ARGUED: Petrik; Geiermann
2210/22/2007 ORAL ARGUMENT WEBCAST
2311/27/2007 DISPOSITION: AFFIRMED
2411/27/2007 UNANIMOUS OPINION: Maring, Mary Muehlen
2511/27/2007 Costs on appeal taxed in favor of Appellee
2611/27/2007 Judgment e-mailed to Parties
2712/19/2007 MANDATE
2812/21/2007 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

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