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|
|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)|
|8||12/07/2007 APPELLANT BRIEF|
|9||12/07/2007 APPELLANT APPENDIX|
|10||12/10/2007 DISK (ATB)|
|11||12/18/2007 MOT. EXT/TIME APPELLEE BRIEF|
|12||12/18/2007 ACTION BY CLERK - MAE. Granted: 02/07/2008|
|13||01/28/2008 APPELLEE BRIEF|
|14||01/28/2008 APPELLEE APPENDIX|
|16||03/24/2008 APPEARANCES: James D. Gion; Albert J. Hardy|
|17||03/24/2008 ARGUED: Gion; Hardy|
|18||03/24/2008 ORAL ARGUMENT WEBCAST|
|19||07/21/2008 DISPOSITION: AFFIRMED|
|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|