Estate of Harms

20110165

In the Matter of the
Estate of Edith Harms, Deceased
-----------
William McNamara, as co-personal
representative of the Estate of
Edith Harms, Petitioner and Appellant
v
Cheryl Harms Feist, as co-personal
representative of the Estate of
Edith Harms, Respondents and Appellee

Appeal from:

District Court, Northwest Judicial District, McKenzie County
Judge Joshua B. Rustad

Nature of Action:

Probate - Wills - Trusts

Counsel:

Appellant:		Lawrence A. Dopson
Appellee:		Patrick W. Durick
Appellee:		Zachary Evan Pelham

Term:

11/2011 Argument: 11/08/2011 02:45pm

ND cite:

2012 ND 62

NW cite:

814 N.W.2d 783

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Issues:

Appellant's Statement of the Issues:
1. Did the trial court err, as a matter of law, in refusing to enforce the unambiguous agreement which the beneficiaries of Edith Harms' will undisputedly entered into.
2. Did the trial court err, as a matter of law, in interpreting the will of Edith Harms to require the distribution of the estate assets to the estate of Arne Harms, rather than to the Edith Harms Testamentary Trust.

Appellee's Statement of the Issues:
Whether the district court properly denied Appellant's motion for distribution of the estate assets of Edith Harms and properly ordered the co-personal representatives of the Estate of Edith Harms to convey the disputed assets to the Estate of Arne Harms.

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Docket entries:

1	06/07/2011	NOTICE OF APPEAL: 06/06/2011
2	06/07/2011	ANNOUNCED DISQUALIFICATION: Kapsner, Carol Ronning
3	07/15/2011	APPELLANT BRIEF
4	07/15/2011	E-FILED BRIEF (ATB)
5	07/15/2011	APPELLANT APPENDIX (e-filed)
6	07/15/2011	E-FILED APPENDIX (ATA)
7	07/18/2011	Received $25 surcharge for ATB
8	07/19/2011	ELECTRONIC RECORD ON APPEAL (Image Nos. 1 - 40; Note: There is not an Image No. 39)
9	07/20/2011	Received 7 copies of ATB from CSD
10	07/20/2011	Received 6 copies of ATA from CSD
11	08/05/2011	MOT. EXT/TIME APPELLEE BRIEF
12	08/05/2011	ACTION BY DEPUTY CLERK (MAE). Granted: 08/24/2011
13	08/08/2011	Rec'd supplemental for motion for ext. of time to file appellee's brief from Mr. Pelham.
14	08/17/2011	Electronic Supplemental Record on Appeal - Entry No. 43
15	08/24/2011	APPELLEE BRIEF
16	08/24/2011	APPELLEE APPENDIX
17	08/24/2011	DISK-AEB (CD-ROM)
18	09/06/2011	MOT. EXT/TIME REPLY BRIEF (E-filed)
19	09/06/2011	E-FILED MOTION (Mot/Ext/RYB)
20	09/06/2011	ACTION BY CLERK (Mot/Ext/RYB). Granted: 09/19/2011
21	09/19/2011	REPLY BRIEF of Appellant (e-filed)
22	09/19/2011	E-FILED BRIEF (RYB)
23	09/26/2011	Received 7 copies of RYB from CSD
24	10/06/2011	NOTICE OF ORAL ARGUMENT SENT
25	10/24/2011	SITTING WITH THE COURT: Goodman, Ronald E.
26	11/08/2011	APPEARANCES: Lawrence A. Dopson; Patrick W. Durick; Zachary E. Pelham
27	11/08/2011	ARGUED: Lawrence A. Dopson; Zachary E. Pelham
28	11/08/2011	ORAL ARGUMENT WEBCAST
29	11/08/2011	ANNOUNCED DISQUALIFICATION: Maring, Mary Muehlen
30	03/19/2012	DISPOSITION: REVERSED AND REMANDED
31	03/19/2012	UNANIMOUS OPINION: Crothers, Daniel John
32	03/19/2012	Costs on appeal taxed in favor of appellant
33	03/22/2012	Judgment Sent to Parties
34	04/02/2012	PETITION FOR REHEARING (APPELLEE)
35	04/03/2012	DISK-PER (E-MAILED)
36	04/23/2012	Brief in Response to Appellee's Petition for Rehearing Filed
37	04/23/2012	E-FILED BRIEF (Response to PER)
38	04/24/2012	Rec'd 7 copies of Brief in Response to Appellee's PER
39	04/30/2012	MOTION to Strike Appellant's Brief in Response to Petition for Rehearing
40	05/01/2012	Appellant's Reply to Motion to Strike Appellant's Brief
41	05/07/2012	NO ACTION TAKEN (MOT/Strike)
42	05/07/2012	ACTION BY SUPREME COURT (PER). Denied
43	05/16/2012	MANDATE

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