Petition for Supervision of Diocese of Bismarck Trust
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| 920301 |
In the Matter of the Petition for
Supervision of the Diocese of Bismarck
Trust, Created by the Last Will and
Testament of T. Clem Casey, by Myron H.
Atkinson, Jr., and First Trust Company
of North Dakota, N.A., Co-Trustees.
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Myron H. Atkinson, Jr., and First
Trust Company of North Dakota, N.A.,
Co-Trustees, Appellants
v.
Diocese of Bismarck, Appellee
|
| Appeal from: |
District Court,
East Central Judicial District,
Cass County
Judge Cynthia Rothe-Seeger |
|
Nature of Action: |
Probate - Wills - Trusts
|
| Counsel: |
|
| Term: |
03/1993 Argument: 03/08/1993 2:45PM
|
| NW cite: |
500 N.W.2d 203
|
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 Add Docket 920301 RSS
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| 1 | | 10/16/1992 | |
NOTICE OF APPEAL: 10/14/1992 |
| 2 | | 10/16/1992 | |
ANNOUNCED DISQUALIFICATION: Levine, Beryl J. |
| 3 | | 10/29/1992 | |
TRANSCRIPT DATED August 6, 1992. |
| 4 | | 11/03/1992 | |
NOTICE OF CROSS APPEAL (Diocese of Bismarck) |
| 5 | | 11/06/1992 | |
Designation of Appendix and Issues on Appeal. |
| 6 | | 11/12/1992 | |
SUPPLEMENTAL DESIGNATION OF APPENDIX(DIOCESE OF BISMARCK) |
| 7 | | 11/12/1992 | |
SUPPLEMENTAL DESIGNATION OF APPENDIX(CO-TRUSTEES FOR DIOCESE) |
| 8 | | 11/16/1992 | |
RECORD ON APPEAL AND EXHIBITS |
| 9 | | 11/16/1992 | |
WITHDRAWAL OF NOTICE OF CROSS APPEAL. RspDue: 11/26/1192 |
| 10 | | 11/16/1992 | |
(response to Withdrawal of Notice of Cross Appeal due by |
| 11 | | 11/16/1992 | |
4 p.m., 11-26-92) (NOTE: Withdrawal of Notice of Cross |
| 12 | | 11/16/1992 | |
Appeal was in the ROA) |
| 13 | | 11/20/1992 | |
Letter dated 11-19-92 from Kermit Edward Bye, counsel for AT, |
| 14 | | 11/20/1992 | |
stating AT has no objection to dismissal of AE's cross |
| 15 | | 11/20/1992 | |
appeal, assuming this is the final intent of the AE |
| 16 | | 11/20/1992 | |
ACTION BY CLERK. GRANTED |
| 17 | | 11/20/1992 | |
(Cross Appeal dismissed -- appeal dated 10-14-92, will |
| 18 | | 11/20/1992 | |
proceed) |
| 19 | | 11/23/1992 | |
APPELLANT BRIEF |
| 20 | | 11/23/1992 | |
APPELLANT APPENDIX |
| 21 | | 12/23/1992 | |
APPELLEE BRIEF |
| 22 | | 12/30/1992 | |
REPLY BRIEF OF APPELLANT (DO NOT DISTRIBUTE THIS ONE BUT |
| 23 | | 12/30/1992 | |
INSTEAD DISTRIBUTE THE CORRECTED BRIEF FILED 12-31-92) |
| 24 | | 12/31/1992 | |
REPLY BRIEF of APPELLANT (CORRECTED) |
| 25 | | 01/25/1993 | |
PETITION OF APPELLANTS TO SCHEDULE OA DURING |
| 26 | | 01/25/1993 | |
MARCH 1993 TERM |
| 27 | | 01/25/1993 | |
ACTION BY CHIEF JUSTICE (Judge Sandstrom). GRANTED |
| 28 | | 01/26/1993 | |
ANNOUNCED DISQUALIFICATION: VandeWalle, Gerald |
| 29 | | 02/04/1993 | |
Copy of letter dated 2-03-93 frp, Albert Wolf to Kermit Bye |
| 30 | | 02/04/1993 | |
(distributed to Justices) |
| 31 | | 02/05/1993 | |
Copy of letter from Kelly Kroke to Al Wolf RE: original |
| 32 | | 02/05/1993 | |
trans. of Dorwin Marquardt's testimony of 8-6-92 has been |
| 33 | | 02/05/1993 | |
filed with the Clerk of the District Court of Cass Co. |
| 34 | | 02/15/1993 | |
SITTING WITH THE COURT: Holum, Gary A. |
| 35 | | 02/15/1993 | |
SITTING WITH THE COURT: Wright, James A. |
| 36 | | 03/08/1993 | |
APPEARANCES: Kermit E. Bye; Albert A. Wolf |
| 37 | | 03/08/1993 | |
ARGUED: Bye; Wolf (Vol. T, pg. 96) |
| 38 | | 03/08/1993 | |
(In Open Court, J. Meschke read a statement that after |
| 39 | | 03/08/1993 | |
reviewing Mr. Wolf's correspondence written to Mr. Bye and |
| 40 | | 03/08/1993 | |
copied to the Court, he and Justice Neumann do not deem |
| 41 | | 03/08/1993 | |
themselves disqualified from sitting on this case. No |
| 42 | | 03/08/1993 | |
objections were voiced for the record.) |
| 43 | | 03/10/1993 | |
Supplemental Clerk's Certificate dated 3/9/93 (#67--Trans. |
| 44 | | 03/10/1993 | |
on Appeal of Annual Accounting dated 8/6/92) |
| 45 | | 05/17/1993 | |
DISPOSITION: REVERSED |
| 46 | | 05/17/1993 | |
UNANIMOUS OPINION: Sandstrom, Dale V. |
| 47 | | 05/17/1993 | |
Costs on appeal taxed in favor of appellants |
| 48 | | 06/09/1993 | |
MANDATE |
| 49 | | 04/17/2001 | |
EXPUNGED - Nonpermanent record items destroyed |