Estate of Thompson

20070294 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
v.
Ardmore William Thompson, Respondent and Appellant

Appeal from: District Court, Southwest Judicial District, Adams County
Judge Zane Anderson
Nature of Action: Probate - Wills - Trusts
Counsel:
Appellant: Gion Law Office
Appellee: Hardy, Maus & Nordsven, P.C.
Term: 03/2008   Argument: 03/24/2008  10:45am
ND cite: 2008 ND 144
NW cite: 752 N.W.2d 624

Listen to recording of oral argument in MP3 format

Issues: 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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Docket entries:
110/04/2007 NOTICE OF APPEAL: 10/02/2007
210/04/2007 ORDER FOR TRANSCRIPT: 10/02/2007
310/29/2007 RECORD ON APPEAL & Exhibits
410/29/2007 TRANSCRIPT DATED May 9, 2007
510/30/2007 Certificate of Service of TRA on counsel
610/30/2007 DISK - tra (5-9-07) (e-mailed)
710/31/2007 Amended Clerk's Certificate of Record dated 10-29-07 (attached to record)
812/07/2007 APPELLANT BRIEF
912/07/2007 APPELLANT APPENDIX
1012/10/2007 DISK (ATB)
1112/18/2007 MOT. EXT/TIME APPELLEE BRIEF
1212/18/2007 ACTION BY CLERK - MAE. Granted: 02/07/2008
1301/28/2008 APPELLEE BRIEF
1401/28/2008 APPELLEE APPENDIX
1501/29/2008 DISK-AEB
1603/24/2008 APPEARANCES: James D. Gion; Albert J. Hardy
1703/24/2008 ARGUED: Gion; Hardy
1803/24/3008 ORAL ARGUMENT WEBCAST
1907/21/2008 DISPOSITION: AFFIRMED
2007/21/2008 UNANIMOUS OPINION: VandeWalle, Gerald W.
2107/21/2008 Costs on appeal taxed in favor of Appellee
2207/21/2008 Judgment e-mailed to Parties
2307/22/2008 Corrected Opinion Page 7
2408/12/2008 MANDATE
2508/14/2008 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

Generated from Supreme Court Docket on 10/31/2014