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  2:45pm
ND cite: 2012 ND 62
NW cite: 814 N.W.2d 783

Listen to recording of oral argument in MP3 format
Listen to recording of oral argument in RM format
using RealPlayer Basic,© a free download.

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.

Add Docket 20110165 RSS Add Docket 20110165 RSS

Docket entries:
106/07/2011 NOTICE OF APPEAL: 06/06/2011
206/07/2011 ANNOUNCED DISQUALIFICATION: Kapsner, Carol Ronning
307/15/2011 APPELLANT BRIEF
407/15/2011 E-FILED BRIEF (ATB)
507/15/2011 APPELLANT APPENDIX (e-filed)
607/15/2011 E-FILED APPENDIX (ATA)
707/18/2011 Received $25 surcharge for ATB
807/19/2011 ELECTRONIC RECORD ON APPEAL (Image Nos. 1 - 40; Note: There is not an Image No. 39)
907/20/2011 Received 7 copies of ATB from CSD
1007/20/2011 Received 6 copies of ATA from CSD
1108/05/2011 MOT. EXT/TIME APPELLEE BRIEF
1208/05/2011 ACTION BY DEPUTY CLERK (MAE). Granted: 08/24/2011
1308/08/2011 Rec'd supplemental for motion for ext. of time to file appellee's brief from Mr. Pelham.
1408/17/2011 Electronic Supplemental Record on Appeal - Entry No. 43
1508/24/2011 APPELLEE BRIEF
1608/24/2011 APPELLEE APPENDIX
1708/24/2011 DISK-AEB (CD-ROM)
1809/06/2011 MOT. EXT/TIME REPLY BRIEF (E-filed)
1909/06/2011 E-FILED MOTION (Mot/Ext/RYB)
2009/06/2011 ACTION BY CLERK (Mot/Ext/RYB). Granted: 09/19/2011
2109/19/2011 REPLY BRIEF of Appellant (e-filed)
2209/19/2011 E-FILED BRIEF (RYB)
2309/26/2011 Received 7 copies of RYB from CSD
2410/06/2011 NOTICE OF ORAL ARGUMENT SENT
2510/24/2011 SITTING WITH THE COURT: Goodman, Ronald E.
2611/08/2011 APPEARANCES: Lawrence A. Dopson; Patrick W. Durick; Zachary E. Pelham
2711/08/2011 ARGUED: Lawrence A. Dopson; Zachary E. Pelham
2811/08/2011 ORAL ARGUMENT WEBCAST
2911/08/2011 ANNOUNCED DISQUALIFICATION: Maring, Mary Muehlen
3003/19/2012 DISPOSITION: REVERSED AND REMANDED
3103/19/2012 UNANIMOUS OPINION: Crothers, Daniel John
3203/19/2012 Costs on appeal taxed in favor of appellant
3303/22/2012 Judgment Sent to Parties
3404/02/2012 PETITION FOR REHEARING (APPELLEE)
3504/03/2012 DISK-PER (E-MAILED)
3604/23/2012 Brief in Response to Appellee's Petition for Rehearing Filed
3704/23/2012 E-FILED BRIEF (Response to PER)
3804/24/2012 Rec'd 7 copies of Brief in Response to Appellee's PER
3904/30/2012 MOTION to Strike Appellant's Brief in Response to Petition for Rehearing
4005/01/2012 Appellant's Reply to Motion to Strike Appellant's Brief
4105/07/2012 NO ACTION TAKEN (MOT/Strike)
4205/07/2012 ACTION BY SUPREME COURT (PER). Denied
4305/16/2012 MANDATE

Generated from Supreme Court Docket on 07/28/2014