Estate of Thompson
In the Matter of the Estate of Elsie G. Thompson,
also known as Elsie Thompson, Deceased
Andrea Willa Thompson, as Personal
Representative of the Estate of
Elsie G. Thompson, Deceased, Petitioner and Appellee
Ardmore William Thompson, Respondent and Appellant
Southwest Judicial District,
Judge Zane Anderson
|Nature of Action:||Probate - Wills - Trusts|
|Term:||03/2008  Argument: 03/24/2008 10:45am|
|ND cite:||2008 ND 144|
752 N.W.2d 624
Listen to recording of oral argument in MP3 format
Appellant's Statement of the Issues:|
1. Did the court err in finding no contract for the purchase of the 1,180- acre farm?
2. Did the court err in finding insufficient performance to take the contract out of the Statute of Frauds?
3. Did the court err in ordering William Thompson to surrender possession of the property and in failing to order specific performance?
4. Did the court err in ordering William Thompson to account for his occupancy and use?
Appellee's Statement of the Issues:
I.Did the District Court err in finding that Ardmore and Elsie Thompson did not orally contract with William Thompson to convey real estate?
II.Did the District Court err in concluding that the alleged part performance did not remove the oral contract from the statute of frauds?
III.Did the District Court err in ordering William Thompson to remove himself from the property and to render an accounting for his use and occupation of the real estate?
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|1||10/04/2007||NOTICE OF APPEAL: 10/02/2007|
|2||10/04/2007||ORDER FOR TRANSCRIPT: 10/02/2007|
|3||10/29/2007||RECORD ON APPEAL & Exhibits|
|4||10/29/2007||TRANSCRIPT DATED May 9, 2007|
|5||10/30/2007||Certificate of Service of TRA on counsel|
|6||10/30/2007||DISK - tra (5-9-07) (e-mailed)|
|7||10/31/2007||Amended Clerk's Certificate of Record dated 10-29-07 (attached to record)|
|11||12/18/2007||MOT. EXT/TIME APPELLEE BRIEF|
|12||12/18/2007||ACTION BY CLERK - MAE. Granted: 02/07/2008|
|16||03/24/2008||APPEARANCES: James D. Gion; Albert J. Hardy|
|17||03/24/2008||ARGUED: Gion; Hardy|
|18||03/24/3008||ORAL ARGUMENT WEBCAST|
|20||07/21/2008||UNANIMOUS OPINION: VandeWalle, Gerald W.|
|21||07/21/2008||Costs on appeal taxed in favor of Appellee|
|22||07/21/2008||Judgment e-mailed to Parties|
|23||07/22/2008||Corrected Opinion Page 7|
|25||08/14/2008||RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE|