Estate of Samuelson

20080075 In the Matter of the Estate of
Ernest Samuelson, Deceased
-------------------------------
Amanda J. West and Robin A. West, Petitioners and Appellees
v.
Opal Myrvik, individually and as
Personal Representative for the
Estate of Ernest Samuelson, and
Alice Sherlock, Ellen Sherlock,
Lowell Veum, Allan E. Veum, Raymond
Veum, Nancy Salwei, Eugene Ljunggren,
Dale Ljunggren, LeRoy Ljunggren,
Clyde Ellingson, Boyd Ellingson,
Joseph J. Charon, James Charon, Jr.,
Nancy Steinmann, Thomas Charon,
LaVern Hanson, Eileen Wagner, Respondents and Appellants
and
Ronald Samuelson, Respondent

Appeal from: District Court, Northeast Judicial District, Walsh County
Judge M. Richard Geiger
Nature of Action: Probate - Wills - Trusts
Counsel:
Appellant: Swanson & Warcup, Ltd.
Appellee: Buchanan Law Office
Term: 09/2008   Argument: 09/03/2008  1:30pm
ND cite: 2008 ND 190
NW cite: 757 N.W.2d 44

Listen to recording of oral argument in MP3 format

Issues: Appellant's Statement of the Issues:
Should the Testator's stated intent to preclude any inheritance, whether by will or intestate succession, of his half sister as expressed in his Last Will and Testament dated April 12, 1993, also preclude inheritance of persons claiming by or through the excluded half sister who were strangers to the Testator?

Appellee's Statement of the Issues:
[ 1] Appellants, the Ljunggren Family, characterize the issue as one of the court's giving effect to Ernest Samuelson's testamentary intent, as expressed in his will, in order to preclude his half sister from any inheritance, whether through his will, or by intestate succession, and at the same time excluding her heirs claiming through or under her.
[ 2] The issues before this court are (1) the proper disposition of a decedent's intestate estate when decedent's will fails to pass his estate because of a lapsed residuary devise to his mother and the disinheritance of his half sister, and (2) whether a disinheritance of decedent's half sister by will and through intestate succession prevents the operation of the laws of intestate succession from applying to the half sister's heirs, the only living descendants of decedent's parents.

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Docket entries:
103/26/2008 NOTICE OF APPEAL: 03/24/2008
203/26/2008 ORDER FOR TRANSCRIPT: 03/24/2008
303/28/2008 Acknowledgement of OTR & RETENTION OF RECORD ON APPEAL: 05/13/2008
404/21/2008 RECORD ON APPEAL
505/08/2008 TRANSCRIPT DATED JUNE 5, 2007
605/08/2008 DISK-TRA (ELECTRONIC)
705/09/2008 CERTIFICATE OF SERVICE OF COPIES OF TRANSCRIPTS
806/16/2008 APPELLANT BRIEF
906/16/2008 APPELLANT APPENDIX
1006/16/2008 DISK-ATB (E-MAILED)
1106/25/2008 Received corrected cover pages for ATB and ATA
1207/11/2008 APPELLEE BRIEF
1307/11/2008 E-FILED BRIEF - AEB
1407/14/2008 Received $25.00 surcharge for AEB (Receipt No. 18176)
1507/11/2008 Received 7 copies of AEB from Central Duplicating
1607/25/2008 REPLY BRIEF (e-filed) (PDF)
1707/25/2008 E-FILED BRIEF (RYB) (PDF)
1807/29/2008 Received 7 cc of RYB from Central Duplicating
1908/14/2008 Ltr from Mr. Lawrence DuBois, dtd 8-12-08, counsel for AT Ron Samuelson stating he will not file
2008/14/2008 a brief or participate in oral argument in this case.
2109/03/2008 APPEARANCES: John A. Warcup; Daniel E. Buchanan
2209/03/2008 ARGUED: Warcup; Buchanan
2309/03/2008 ORAL ARGUMENT WEBCAST
2410/24/2008 DISPOSITION: AFFIRMED
2510/24/2008 UNANIMOUS OPINION: Kapsner, Carol Ronning
2610/24/2008 Costs on appeal taxed in favor of appellees
2710/24/2008 Judgment Mailed to Parties
2811/18/2008 MANDATE
2911/24/2008 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

Generated from Supreme Court Docket on 10/30/2014