Estate of Bartelson

20110114 In the Matter of the Estate of
Ralph Bartelson, deceased
-------------
Jean Valer and Jane Haught, Petitioners and Appellees
v.
Neil Bartelson and Diane Fischer and
Guardian and Protective Services,
Personal Representative, Respondents
-------------
Neil Bartelson and Diane Fischer Appellants

Appeal from: District Court, South Central Judicial District, Burleigh County
Judge Donald L. Jorgensen
Nature of Action: Probate - Wills - Trusts
Counsel:
Appellant: Clark Jay Bormann
Appellee: William C. Severin
Appellant: Sophie Young Morgan
Term: 10/2011   Argument: 10/25/2011  9:30am
ND cite: 2011 ND 219
NW cite: 806 N.W.2d 199

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Issues: Appellant's Statement of the Issues:
I. Whether the probate court had jurisdiction to adjudicate Neil Bartelson and Diane Fischer's claims against Jean Valer and Jane Haught for breach of their fiduciary duties as attorneys-in-fact and/or agents of Ralph Bartelson.
II. Whether Jean Valer and Jane Haught wrongfully misappropriated Ralph Bartelson's funds during his lifetime thereby reducing the probate estate for the remaining heirs.

Appellee's Statement of the Issues:
1. Did the trial court have jurisdiction to determine allegations that Jean Valer and Jane Haught breached their fiduciary duties as attorneys in fact and/or agents of Ralph Bartelson?
2. Did Jean and Jane misappropriate Ralph's funds during his lifetime?

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Docket entries:
104/27/2011 NOTICE OF APPEAL: 04/25/2011
204/27/2011 ORDER FOR TRANSCRIPT: 04/25/2011
304/29/2011 Acknowledgment of OTR & RETENTION OF RECORD ON APPEAL: 06/14/2011
406/09/2011 TRANSCRIPT DATED February 2, 2011, & C.O.S.
506/16/2011 Electronic RECORD ON APPEAL (entry nos. 1 - 69)
606/21/2011 1st Supplemental Clerk's Certificate dated 6-20-11 (Electronic) (Image #71; not certified: #70--
706/21/2011 letter to Bormann from S.C.)
807/01/2011 2nd Supplemental Clerk's Certificate dated 6-30-11 (Image Nos. 74-78; not certified: #73-Receipt)
907/18/2011 APPELLANT BRIEF
1007/18/2011 APPELLANT APPENDIX
1107/18/2011 DISK - atb (e-mailed)
1208/17/2011 APPELLEE BRIEF
1308/17/2011 E-FILED BRIEF (AEB)
1408/17/2011 APPELLEE APPENDIX (e-filed)
1508/17/2011 E-FILED APPENDIX (AEA)
1608/18/2011 Received $25 surcharge for AEB (Receipt #20620)
1708/22/2011 Received 7 copies of AEB from CSD
1808/24/2011 Received 7 copies of AEA from CSD
1909/02/2011 NOTICE OF ORAL ARGUMENT SENT
2009/27/2011 3rd Supplemental Clerk's Electronic Certificate of Record dated Sept. 26, 2011 (Entry Nos. 80-88).
2109/27/2011 Not certified was Entry No. 79-Sup. Ct. Receipt.
2210/25/2011 APPEARANCES: Clark J. Bormann & Sophie Y. Morgan/William C. Severin
2310/25/2011 ARGUED: Bormann/Severin
2410/25/2011 ORAL ARGUMENT WEBCAST
2511/15/2011 DISPOSITION: REVERSED AND REMANDED
2611/15/2011 UNANIMOUS OPINION: Kapsner, Carol Ronning
2711/15/2011 COSTS ON APPEAL TAXED IN FAVOR OF APPELLANTS.
2811/16/2011 Judgment Sent to Parties
2912/09/2011 MANDATE
3012/15/2011 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

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