Estate of Christeson v. Gilstad

20120328 Estate of Edythe M. Christeson, aka Edyth M.
Christison, Estate of Emmett C. Christeson,
Estate of Ronald J. Christeson, and Patricia
Mary Christeson, Dennis Piper, Betty Horn,
Estate of Eleanor Christeson, Dublin Company
and Lario Oil and Gas Company, Plaintiffs and Appellees
v.
Wade Gilstad, Trustee under Irrevocable Trust
Agreement dated 2/3/93, Wade Gilstad,
Charles E. Gilstad, and Ruth Marie Smith, Defendants and Appellants

Appeal from: District Court, Northwest Judicial District, Mountrail County
Judge William W. McLees
Nature of Action: Real Property
Counsel:
Appellant: Richard P. Olson
Appellant: Andrew Timothy Forward
Appellee: Steven J. Wild
Appellant: Wanda L. Fischer
Term: 12/2012   Argument: 12/20/2012  10:45am
ND cite: 2013 ND 50
NW cite: 829 N.W.2d 453

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Issues: Appellant's Statement of the Issues:
A. Whether the trial court erred in finding that an heir who does not record ownership of the mineral interest can be considered an "owner" for the purposes of Chapter 38-18.1?
B. Whether the trial court erred in finding that a lease executed by one not a record owner is a "use" of a mineral interest under N.D.C.C.  38-18.1-03 and that the minerals were not abandoned?

Appellee's Statement of the Issues:
The sole issue on appeal is whether the execution of an oil and gas lease by an owner of minerals obtained from an estate that had not been administered and title transferred of record constitutes a "use" as that term is defined in NDCC 38-18.1-03.

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Docket entries:
108/20/2012 NOTICE OF APPEAL: 08/14/2012
208/20/2012 ORDER FOR TRANSCRIPT: 08/14/2012
309/10/2012 TRANSCRIPT DATED May 14, 2012 & C.O.S.
409/11/2012 DISK - TRA
509/14/2012 ELEC. RECORD ON APPEAL DATED September 13, 2012 (ENTRY NOS. 1-40)
610/18/2012 APPELLANT BRIEF & ADDENDUM
710/18/2012 E-FILED BRIEF
810/18/2012 APPELLANT APPENDIX
910/18/2012 E-FILED APPENDIX
1010/22/2012 Received $25 surcharge for ATB (receipt #21557)
1110/18/2012 Received 7 copies of ATB from CSD
1210/18/2012 Received 6 copies of ATA from CSD
1311/14/2012 APPELLEE BRIEF
1411/14/2012 DISK(AEB)(CD)
1511/20/2012 NOTICE OF ORAL ARGUMENT SENT
1611/26/2012 REPLY BRIEF
1711/26/2012 E-FILED BRIEF
1811/28/2012 Received 7 copies of RYB from Central Duplicating
1912/20/2012 APPEARANCES: Richard P. Olson & Andrew Forward/Steven Wild
2012/20/2012 ARGUED: Olson/Wild
2112/20/2012 ORAL ARGUMENT WEBCAST
2204/04/2013 DISPOSITION: AFFIRMED
2304/04/2013 UNANIMOUS OPINION: VandeWalle, Gerald W.
2404/04/2013 Costs on appeal taxed in favor of appellee
2504/05/2013 Judgment Sent to Parties
2605/02/2013 MANDATE
2705/07/2013 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

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