Estate of Wicklund
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| 20110081 |
In the Matter of the Estate of
Maurice M. Wicklund, deceased
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Betty J. Wicklund, Petitioner and Appellee
v.
Brian Wicklund and
Deborah Williams, Respondents and Appellants
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| Appeal from: |
District Court,
Northwest Judicial District,
Divide County
Judge David W. Nelson |
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Nature of Action: |
Probate - Wills - Trusts
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| Counsel: |
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| Term: |
10/2011 Argument: 10/25/2011 02:45pm
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| ND cite: |
2012 ND 29
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| NW cite: |
812 N.W.2d 359
Listen to recording of oral argument
using RealPlayer Basic,© a free download.
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| Issues: |
Appellant's Statement of the Issues:
I. The District Court erred in granting the Petition for Elective Share, Homestead Allowance, Family Allowance, Personal Representative Fees and Reimbursement.
II. The District Court's order failed to address the Issues Relating to the Decedent's Intent.
Appellee's Statement of the Issues:
I. The District Court Did Not Err in Granting the Petition for Elective Share, Homestead Allowance, Family Allowance, Personal Representative Fees and Reimbursement.
II. The Intent of the Decedent is Irrelevant in Determining Statutory Claims and Allowances.
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| 1 | | 03/29/2011 | |
NOTICE OF APPEAL: 03/25/2011 |
| 2 | | 03/29/2011 | |
ORDER FOR TRANSCRIPT: 03/25/2011 |
| 3 | | 04/12/2011 | |
RETENTION OF RECORD ON APPEAL: 05/14/2011 |
| 4 | | 04/21/2011 | |
RECORD ON APPEAL (electronic Images 1-38) |
| 5 | | 04/26/2011 | |
MOTION FOR Order Allowing the Taking of Two Depositions |
| 6 | | 04/26/2011 | |
E-FILED MOTION |
| 7 | | 04/27/2011 | |
NO ACTION TAKEN |
| 8 | | 05/03/2011 | |
Motion to Appear Pro Hac Vice & Affidavit in Support (e-filed) |
| 9 | | 05/07/2011 | |
TRANSCRIPT DATED January 26, 2011 & C.O.S. |
| 10 | | 05/07/2011 | |
DISK - TRA (1/26/11) (e-mailed) |
| 11 | | 06/16/2011 | |
APPELLANT BRIEF |
| 12 | | 06/16/2011 | |
APPELLANT APPENDIX (Part A, Part B and Part C) |
| 13 | | 06/24/2011 | |
Corrected Appellant's Brief (ND cites were corrected) |
| 14 | | 06/27/2011 | |
DISK-ATB (E-MAILED) |
| 15 | | 07/15/2011 | |
APPELLEE BRIEF & Addendum (e-filed) |
| 16 | | 07/15/2011 | |
E-FILED BRIEF (AEB) |
| 17 | | 07/18/2011 | |
Received $25 surcharge for AEB (Receipt #20564) |
| 18 | | 07/20/2011 | |
Received 7 copies of AEB from CSD |
| 19 | | 09/02/2011 | |
NOTICE OF ORAL ARGUMENT SENT |
| 20 | | 10/25/2011 | |
APPEARANCES: Elizabeth L. Pendlay; Kathleen Key Imes |
| 21 | | 10/25/2011 | |
ARGUED: Elizabeth L. Pendlay; Kathleen Key Imes |
| 22 | | 10/25/2011 | |
ORAL ARGUMENT WEBCAST |
| 23 | | 02/17/2012 | |
DISPOSITION: REVERSED AND REMANDED |
| 24 | | 02/17/2012 | |
UNANIMOUS OPINION: Maring, Mary Muehlen |
| 25 | | 02/17/2012 | |
Costs on appeal taxed in favor of appellant |
| 26 | | 02/22/2012 | |
Judgment Sent to Parties |
| 27 | | 03/23/2012 | |
MANDATE |
| 28 | | 04/09/2012 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |