Estate of Truax
-------------------------
Arnold Truax, Thomas Truax,
and Gary Truax, Petitioners and Appellants
v.
Glenn L. Truax, trustee of the W.
Donald Truax and Shirley J. Truax
Trust Agreement, Respondent and Appellee
Judge John T. Paulson
| Appellant: | Stefanson, Plambeck & Foss | |
| Appellee: | Ottmar & Ottmar |
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I.Did the District Court abuse its discretion in denying the Rule 60(b) motion filed by Arnold, Thomas, and Gary Truax?
II.Did the District Court properly construe the terms of the W. Donald Truax Trust?
III.Did the District Court properly enforce the terms of the W. Donald Truax Trust?
IV.Did the District Court's Judgment comply with Chapter 32-16 of the North Dakota Century Code, governing partition actions?
Appellee's Statement of the Issues:
I.The appeal from the district court's denial of the Rule 60(b), N.D.R.Civ.P. motion filed by Gary Truax, Arnold Truax, and Thomas Truax is barred by the decisions of the trial court on the original judgment and the Rule 59, N.D.R.Civ.P. motion by res judicata.
II.The trial court did not abuse its discretion in denying this Rule 60(b) motion if the court determines that the appeal is not barred by res judicata.
III.The district court did not misconstrue the provisions of Donald's revocable trust.
IV.The proper way to sell the real estate is to follow the terms of the agreement to divide the estate not N.D.C.C. 32-16.
V.Glenn Truax, Trustee, is entitled to costs and attorney's fees because the appeal is frivolous. N.D.R.App.P. 38.
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