Estate of Thompson
, 2008 ND 144,
The existence of an oral contract is a question of fact.
An agreement for the sale of real property is invalid unless the agreement is in writing and subscribed by the party to be charged.
In the absence of a written agreement, a court may compel specific performance of any agreement for the sale of real property if there is part performance.
Part performance of an oral contract for the sale of land which exempts the contract from the statute of frauds and entitles a party to specific performance must be proven by evidence that it is clear and unequivocal and which leaves no doubt as to
the terms, character, and existence of the contract.
Sabo v. Keidel
, 2008 ND 41,
745 N.W.2d 661
Summary judgment may be appropriate in a case regarding an unambiguous trust.
Extrinsic evidence is not admissible to contradict the terms of an unambiguous trust instrument.
A life estate holder's interest in property includes both the right to possession and use including the right to profits generated by the property during the tenant's life.
Estate of Egeland
, 2007 ND 184,
741 N.W.2d 724
A court appropriately considers the benefit received by joint obligors in determining the right to contribution between them under N.D.C.C. 9-01-08.
On appeal due regard is givien to the trial court's opportunity to assess the credibility of the witnesses, and the trial court's choice between two permissible views of the evidence is not clearly erroneous.
Tarnavsky v. Tarnavsky
, 2007 ND 183,
742 N.W.2d 840
Order denying "motion to expunge" under N.D.R.Civ.P. 60(b)(iii) and (iv) summarily affirmed under N.D.R.App.P. 35.1(a)(1) and (4).
Estate of Truax
, 2007 ND 182,
742 N.W.2d 840
Judgment denying a motion to amend a judgment is summarily affirmed under N.D.R.App.P. 35.1(a)(4).
Estate of Allmaras
, 2007 ND 130,
737 N.W.2d 612
A conservator has discretionary authority to manage the protected person's estate, subject to the conservator's fiduciary responsibilities and taking into account any known estate plan of the protected person.
A payable-on-death beneficiary has no present interest in the account, no right to prevent the depositor from removing the account funds and effectively destroying the beneficiary designation, and no right to preclude the depositor from changing or
removing the beneficiaries on the account.
Estate of Elken
, 2007 ND 107,
735 N.W.2d 842
The term "includes" in a statutory definition is a word of enlargement and not a term of limitation.
A reasonably ascertainable creditor entitled to actual notice of the time for making a claim against a decedent's estate is a creditor that a personal representative can uncover with reasonably diligent efforts.
Estate of Stave
, 2007 ND 53,
729 N.W.2d 706
In a proceeding to contest a will, four elements must be proven to establish undue influence: 1) a testator subject to undue influence; 2) the existence of the opportunity to exercise undue influence; 3) a disposition to exercise undue influence; and
4) a result that appears to be the effect of undue influence.
For the issue of undue influence to be submitted to a jury, the evidence must be sufficient with regard to each essential element of the claim and the evidence must also create more than just a mere suspicion of undue activity.
Estate of Carlson
, 2007 ND 35,
728 N.W.2d 337
A North Dakota court has no subject matter jurisdiction to grant or deny a motion to substitute a party in an action or proceeding in another state.
Under the Uniform Probate Code, no presentation of claim is required in regard to matters claimed in proceedings against a decedent that were pending at the time of death.
Under the Uniform Probate Code, a judgment in a proceeding in another court against a personal representative to enforce a claim against a decedent's estate is an allowance of the claim in a North Dakota probate proceeding.
Guardianship and Conservatorship of Johnson
, 2006 ND 149,
An order appointing co-guardians and co-conservators with unlimited authority to make decisions for the ward is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (7).
Estate of Sorenson
, 2006 ND 145,
717 N.W.2d 535
No acknowledgment or promise is sufficient evidence of a new or continuing contract to preclude operation of the statute of limitations unless the acknowledgment or promise is contained in a writing signed by the party to be charged.
Whenever services are rendered by one family member for another, a presumption arises that the services are gratuitous and that compensation was not intended, and a claimant has the burden to rebut the presumption by proof that the services were not
gratuitous, which may be established by proof that the parties expressly or impliedly agreed the claimant would be compensated.
Estate of Richmond
, 2005 ND 145,
701 N.W.2d 897
If the evidence presented in opposition to a motion for summary judgment is of insufficient caliber or quantity to allow a rational finder of fact to find fraud by clear and convincing evidence, there is no genuine issue of material fact.
Fraud is never presumed, even under circumstances that give rise to a suspicion of fraud.
Estate of Littlejohn
, 2005 ND 113,
698 N.W.2d 923
The interpretation of an attorney in fact's authority under a power of attorney is generally governed by the rules for construing contracts.
Estate of Kimbrell
, 2005 ND 107,
697 N.W.2d 315
The surviving spouse of a decedent occupying real property as a homestead receives the right to possession, use, control, income, and rents of the property for life or until the surviving spouse again marries, limited in size and value to the land
and the dwelling house, with all its appurtenances and other improvements, not to exceed $80,000 in value, over and above liens and encumbrances.
Estate of Bergman
, 2004 ND 196,
688 N.W.2d 187
Assets conveyed by an institutionalized spouse to a community spouse before the institutionalized spouse's death and traceable to the community spouse's estate are subject to a claim for Medicaid benefits provided to the institutionalized spouse.
Transfers by a surviving community spouse before death, which are made for less than a reasonably equivalent value and which render the community spouse's estate insolvent, may be voided under N.D.C.C. ch. 13-02.1.
First Western Bank & Trust v. First Lutheran Church Foundation
, 2003 ND 21,
656 N.W.2d 726
The parties have the primary duty to bring to the court's attention the proper rules of law applicable to a case.
To warrant a new trial based on newly discovered evidence, it must appear the evidence is in fact newly discovered, and not merely the importance of it.
Duemeland v. Norback
, 2003 ND 1,
655 N.W.2d 76
A document is ambiguous when reasonable arguments can be made for different interpretations of the meaning of the document.
Estate of Gleeson
, 2002 ND 211,
655 N.W.2d 69
A person protected by a conservatorship retains the capacity to contract or engage in other transactions under our conservatorship statutes.
Estate of Hass
, 2002 ND 82,
643 N.W.2d 713
The trial court's decision whether to remove a personal representative for cause will not be set aside on appeal absent an abuse of discretion.
If an estate inventory is filed with the court, the personal representative is required to provide a copy only to interested persons who request it.
The trial court may award attorney fees for legal services in a will contest if the proceedings benefit the estate as a whole.
Estate of Howser
, 2002 ND 33,
639 N.W.2d 485
Whether undue influence exists is a question of fact.
A trial court may remove the personal representative of an estate for cause.
Estate of Zimmerman
, 2001 ND 155,
633 N.W.2d 594
Under the probate law in effect before January 1996, a surviving spouse's property is includable in the decedent's augmented estate to the extent the property was derived from the decedent without full consideration in money or money's worth.
Property distributed to a surviving spouse in a prior divorce from the decedent is derived from the decedent without full consideration in money or money's worth.
Estate of Schmidt
, 2001 ND 100,
629 N.W.2d 585
Appeal of eleven orders in probate case summarily affirmed under N.D.R.App.P. 35.1(a)(1) (appeal is frivolous and completely without merit).
Estate of Dion
, 2001 ND 53,
623 N.W.2d 720
An assertion that an action is one against a political subdivision and that prospective jurors are taxpayers of the political subdivision is insufficient in itself to effect a change of venue.
A court has no power to order a person to execute a will.
For the issue of undue influence to be submitted to a jury, the evidence must create more than just a mere suspicion of undue activity.
A will contestant has the burden of proving testamentary incapacity by a preponderance of the evidence.
An award of attorney fees for a frivolous claim lies within the sound discretion of the trial court.
Estate of Lutz
, 2000 ND 226,
620 N.W.2d 589
Whether services performed by a family member are so exceptional and extraordinary as to imply a contract to pay for those services is a question of fact.
Lack of legal advice to a prospective spouse to obtain independent counsel is a significant factor in weighing the voluntariness of a premarital agreement, but the presence of independent counsel is not a prerequisite to enforceability.
Separate statutes under the Uniform Premarital Agreement Act govern unconscionability at the time the agreement was executed, unconscionability at the time of separation or marital dissolution, and unconscionability that may result from enforcement
at any time, including the time of death.
A spouse can waive any right of inheritance and succession in a valid and enforceable premarital agreement and consent to will.
Attorney fees are not allowed to a successful litigant unless expressly authorized by statute or agreement.
Estate of Sagmiller
, 2000 ND 151,
615 N.W.2d 567
Speculation on whether a different mode of sale may have brought a better price does not support a finding of commercial unreasonableness.
A creditor is to demonstrate every aspect of a disposition is commercially reasonable, including "the method, manner, time, place and terms."
ND Dept. of Human Services v. Brenden
, 2000 ND 155,
615 N.W.2d 538
If a notice to creditors is published and mailed in compliance with N.D.C.C. 30.1-19-01, the time for original presentation of claims expires three months after the date of the first publication and mailing of notice to creditors.
If no notice to creditors is either mailed or published, the time for original presentation of claims is three years after the decedent's death.
A copy of a petition beginning probate proceedings and list of legatees, surviving joint tenants, and heirs at law sent to the Department of Human Services is not a notice to creditors.
Estate of Robinson
, 2000 ND 90,
609 N.W.2d 745
A presumption of undue influence arises upon the finding a confidential relationship existed between the decedent and a beneficiary; the beneficiary bears the burden of rebutting the presumption. Whether undue influence existed is a question of
fact, and trial court's findings will not be set aside unless clearly erroneous.
ND Dept. of Human Services v. Caroline
, 2000 ND 59,
607 N.W.2d 882
The Department of Human Services may recover Medicaid benefit payments from assets transferred by the Medicaid recipient to a surviving spouse and traceable to the surviving spouse's estate.
Only assets in which the deceased recipient once held an interest can be traced. The surviving spouse's separately owned assets in which the recipient never held an interest are not subject to recovery.
Estate of Flynn
, 2000 ND 24,
606 N.W.2d 104
Courts construe the plain and unambiguous language of a will to effectuate the testator's intent.
The doctrine of merger will not be applied to defeat a testator's intent.
Navratil v. Schlatter
, 2000 ND 5,
609 N.W.2d 455
Order Denying a Motion for a New Trial and Sanctions summarily affirmed under N.D.R.App.P. 35.1(a)(4).
Estate of Lutz
, 1999 ND 121,
595 N.W.2d 590
Probate appeal dismissed because of improvidently granted N.D.R.Civ.P. 54(b) certification.
Estate of Hartleib
, 1999 ND 4,
590 N.W.2d 230
An order approving the final account, the final settlement of the estate, and the discharge of the personal representative is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4).
Estate of Thompson
, 1998 ND 226,
586 N.W.2d 847
recipient at the time of death had any title or interest in assets which were conveyed to his or her spouse through joint tenancy, tenancy in common, survivorship, life estate, living trust, or other arrangement.
An obligation to repay medical assistance benefits arises upon receipt of the benefits.
Estate of Wieland
, 1998 ND 130,
581 N.W.2d 140
A trial court does not abuse its descretion in denying a
N.D.R.Civ.P. 60(b)(ii)
motion to vacate the distribution of an estate when the movant
fails to show the
alleged new evidence would change the outcome.
Estate of Zimmerman
, 1998 ND 116,
579 N.W.2d 591
A prenuptial agreement is not a valid written waiver of a
surviving spouse's right to an elective share when it does not
waive "all rights," or contain equivalent language, in the
property or estate of the prospective spouse, and when it does
not contain a "complete property settlement."
A decedent's will that leaves a spouse "the legal minimum
required by law" entitles the surviving spouse to an elective
share of the augmented estate.
Estate of Neshem
, 1998 ND 57,
574 N.W.2d 883
Where a testatrix's will devises property to her issue and
designates her stepson as "our son," the will, when construed as
a whole to give meaning to that designation and to the definition
of "issue," expresses the testatrix's intent to treat her
stepson's children as her issue and as devisees under her will.
Estate of Stensland
, 1998 ND 37,
574 N.W.2d 203
The right to appeal is jurisdictional, and may be considered by
the court on its
own initiative.
In an unsupervised probate, an order leaving interrelated claims
unsettled is not
final under NDCC 28-27-02 and is not appealable.
Estate of Wenzel-Mosset v. Nickels
, 1998 ND 16,
575 N.W.2d 425
The presumption raised by a confidential relationship applies to
transactions changing ownership of bank accounts.
A civil conspiracy cannot exist when the underlying claims fail,
leaving no wrongful act.
Estate of Schmidt
, 1997 ND 244,
572 N.W.2d 430
The dismissal of an appeal makes the judgment final and res
judicata.
When construing a trust instrument, our primary objective is to
ascertain the settlor's intent.
When a trust instrument is unambiguous, the settlor's intent is
ascertained from the language of the trust document itself.
Perry v. Reinke
, 1997 ND 213,
570 N.W.2d 224
The district court did not err in denying a motion for judgment
as a matter of law because reasonable minds could conclude will
was not what testator, in her own mind, would have
intended. The district court did not abuse its discretion when
it denied motion for new trial based on the weight of the
evidence and on newly discovered evidence.
Estate of Lutz
, 1997 ND 82,
563 N.W.2d 90
Summary judgment of spouse's creditor claim against decedent's
estate for services is inappropriate when factual disputes exist
whether spouse has overcome the presumption that familial
services are gratuitous.
Summary judgment of spouse's elective share claim based on waiver
by premarital agreement is inappropriate when factual disputes
exist whether the agreement was procedurally enforceable if
spouse was not advised by decedent's attorney about need for
independent counsel or about the effect of consent to dual
representation, and whether it was substantively unconscionable
under the circumstances.
Although unconscionability of a premarital agreement is a
question of law for the court, a conclusion of unconscionability
necessarily turns on factual findings often precluding summary
judgment.
Klamm v. Moffett
, 1997 ND 78,
563 N.W.2d 375
Judgment of eviction is affirmed. The record reveals evidence
that defendant received sufficient service of process and that
the district court did not abuse its discretion by denying
defendant's motion to dismiss the eviction action.
Estate of Peterson
, 1997 ND 48,
561 N.W.2d 618
The district court properly accomplished the testator's intent of
equal distribution by ordering unequal distribution of the
probate estate, so each of the nine beneficiaries would, in fact,
share equally when the amounts distributed from the testator's
P.O.D. accounts were considered in conjunction with their share
from the probate estate.
The district court did not err in approving payment of the
personal representative's fees and attorney fees from the estate.
The personal representative did not breach her fiduciary duty by
failing to invest the funds from a certificate of deposit in an
interest bearing account.
Estate of Zimmerman
, 1997 ND 58,
561 N.W.2d 642
In unsupervised probate proceedings, a court order disposing of a
spouse's claim against her deceased husband's estate is not
appealable without a Rule 54(b) certification when the spouse has
other claims pending against the estate.
Mangnall v. Adams
, 1997 ND 19,
559 N.W.2d 221
Where the parties' pleadings raised inextricably entwined issues
about the relationship between a trustee's responsibilities and
liabilities as trustee and as guardian to a ward who was a
settlor of the trust, the trial court should have decided all of
those issues in one proceeding.
Estate of Brown
, 1997 ND 11,
559 N.W.2d 818
A testamentary group gift of an amount that a decedent's estate
may claim under the unified credit of Federal Estate and Gift Tax
law unambiguously intended the amount remaining after lifetime
and non-probate transfers were taken into account.
The trial court's conclusion that the gift was an ambiguous
formula gift of the amount up to the full unified credit that
left nothing for the will's residual charitable beneficiaries was
reversible error.
Estate of Opatz
,
554 N.W.2d 813 (N.D. 1996)
Under Section 30.1-10-01(4)(a), N.D.C.C., the right to
renounce property is barred only by an encumbrance against the
property created by the disclaimant, not a third-party.
Neither a judgment lien, nor service of a garnishment summons
against a devisee created encumbrances which barred the
devisee's right to renounce her interest in the devised
property.
Estate of Murphy
,
554 N.W.2d 432 (N.D. 1996)
Absent a novation or consent by the payee, the
partial assignment of an obligation by the deceased does not
reduce the obligation of the deceased's estate to the payee.
The trial court did not abuse its discretion in refusing to
join a party who was neither indispensable nor necessary to the
action, and any error in the timing of the court's ruling was
harmless. An award of attorney's fees must be authorized by
contract or statute.
Estate of Nelson
,
553 N.W.2d 771 (N.D. 1996)
The trial court did not clearly err in finding the
decedent lacked capacity to change ownership of his property to
joint tenancy with right of survivorship in his son.
Petition for Supervision of Diocese of Bismarck Trust
,
553 N.W.2d 222 (N.D. 1996)
The purpose of the rules restricting filing of
discovery materials with the court is to alleviate storage
problems, and the court has discretion in accepting discovery
documents. A charitable trust is a matter of public
concern, and no harm was caused by the court allowing the filing
of a prehearing brief and appendix in a trust dispute after the
hearing was canceled.
Estate of Powers
,
552 N.W.2d 785 (N.D. 1996)
The non-claim statute, Section 30.1-19-03, N.D.C.C.,
does not bar a person from disputing title to property alleged to
be included in an estate. A person's assertion of rights
under a specific bequest provision of a will is not a
'claim' against an estate for purposes of the non-claim statute.
Estate of Luken
,
551 N.W.2d 794 (N.D. 1996)
After electing to take his share of his deceased
spouse's augmented estate, the surviving spouse failed to
rebut the statutory presumption that his property was derived
from his deceased spouse. The trial court, therefore, did not
err in allowing the value of the surviving spouse's business
to be included in the augmented estate. The trial court's
valuation of the business was not clearly erroneous. The
trial court erred by not including in the augmented estate the
value of several individual retirement accounts the decedent
made payable to her children.
Estate of Wagner
,
551 N.W.2d 292 (N.D. 1996)
A will contestant must prove testamentary incapacity by a
preponderance of the evidence rather than by clear and
convincing evidence.
The trial court
capacity when she signed a codicil
to her will was not clearly erroneous.
Ridley v. Metropolitan Federal Bank
,
544 N.W.2d 867 (N.D. 1996)
Oliver v. City of Larimore
,
540 N.W.2d 630 (N.D. 1995)
Zimbelman v. Loh
,
539 N.W.2d 67 (N.D. 1995)
Estate of Stirling
,
537 N.W.2d 554 (N.D. 1995)
Beavers v. Walters
,
537 N.W.2d 647 (N.D. 1995)
Beavers v. Walters
,
537 N.W.2d 653 (N.D. 1995)
Estate of Voeller
,
534 N.W.2d 24 (N.D. 1995)
Estate of Thomas
,
532 N.W.2d 676 (N.D. 1995)
Estate of Dinnetz
,
532 N.W.2d 672 (N.D. 1995)
Estate of Duemeland
,
528 N.W.2d 369 (N.D. 1995)
Estate of Krueger
,
529 N.W.2d 151 (N.D. 1995)
Estate of Moch
,
537 N.W.2d 365 (N.D. 1995)
Estate of Leier
,
524 N.W.2d 106 (N.D. 1994)
Chaussee v. Thiel
,
520 N.W.2d 789 (N.D. 1994)
Estate of Hooey
,
521 N.W.2d 85 (N.D. 1994)
Conservatorship of Sickles
,
518 N.W.2d 673 (N.D. 1994)
Estate of Voeller
,
517 N.W.2d 631 (N.D. 1994)
Estate of Dittus
,
520 N.W.2d 60 (N.D. 1994)
Estate of Ketterling
,
515 N.W.2d 158 (N.D. 1994)
First Trust Co. of ND v. Rub
,
510 N.W.2d 583 (N.D. 1994)
Helling v. American State Bank & Trust Co. of Williston
,
510 N.W.2d 595 (N.D. 1994)
Estate of Hansen
,
507 N.W.2d 903 (N.D. 1993)
Estate of Laschkewitsch
,
507 N.W.2d 65 (N.D. 1993)
Walter v. Garnaas
,
509 N.W.2d 273 (N.D. 1993)
Estate of Johnson
,
501 N.W.2d 342 (N.D. 1993)
Estate of Skei
,
503 N.W.2d 848 (N.D. 1993)
Petition for Supervision of Diocese of Bismarck Trust
,
500 N.W.2d 203 (N.D. 1993)
Estate of Dittus
,
497 N.W.2d 415 (N.D. 1993)
Estate of Rohrich
,
496 N.W.2d 566 (N.D. 1993)
Estate of Otto
,
494 N.W.2d 169 (N.D. 1992)
Estate of Hill
,
492 N.W.2d 288 (N.D. 1992)
First Trust Company of ND v. Rub
,
490 N.W.2d 484 (N.D. 1992)
Estate of Flaherty
,
484 N.W.2d 515 (N.D. 1992)
Stratton v. Rose
,
484 N.W.2d 274 (N.D. 1992)
Estate of Burshiem
,
483 N.W.2d 175 (N.D. 1992)
Estate of Ostby
,
479 N.W.2d 866 (N.D. 1992)
Estate of Aune
,
478 N.W.2d 561 (N.D. 1991)
Estate of Mickelson
,
477 N.W.2d 247 (N.D. 1991)
Estate of Ambers
,
477 N.W.2d 218 (N.D. 1991)
Estate of O'Connell
,
476 N.W.2d 8 (N.D. 1991)
Estate of Hedstrom
,
472 N.W.2d 454 (N.D. 1991)
Estate of Stanton
,
472 N.W.2d 741 (N.D. 1991)
Carlson v. Carlson
,
472 N.W.2d 228 (N.D. 1991)
Estate of Skei
,
472 N.W.2d 760 (N.D. 1991)
Estate of Herr
,
460 N.W.2d 699 (N.D. 1990)
Estate of Zent
,
459 N.W.2d 795 (N.D. 1990)
Estate of Ridl
,
455 N.W.2d 188 (N.D. 1990)
Kopperud v. Reilly
,
453 N.W.2d 598 (N.D. 1990)
Ferebee Residuary Trust
,
453 N.W.2d 830 (N.D. 1990)
Estate of Kassion
,
450 N.W.2d 416 (N.D. 1990)
Estate of Corrie
,
450 N.W.2d 750 (N.D. 1990)
Estate of Jorstad
,
447 N.W.2d 283 (N.D. 1989)
Estate of Starcher
,
447 N.W.2d 293 (N.D. 1989)
Administration by Jawaski
,
446 N.W.2d 258 (N.D. 1989)
Estate of Flaherty
,
446 N.W.2d 760 (N.D. 1989)
Black v. Peterson
,
442 N.W.2d 426 (N.D. 1989)
Estate of Schatz
,
442 N.W.2d 447 (N.D. 1989)
Estate of Klein
,
434 N.W.2d 560 (N.D. 1989)
Estate of Pedersen
,
431 N.W.2d 281 (N.D. 1988)
Estate of Risovi
,
429 N.W.2d 404 (N.D. 1988)
Eckert v. Eckert
,
425 N.W.2d 914 (N.D. 1988)
Estate of Stuckle
,
427 N.W.2d 96 (N.D. 1988)
First Trust Company of ND v. Conway
,
423 N.W.2d 795 (N.D. 1988)
Estate of Hoffas
,
422 N.W.2d 391 (N.D. 1988)
Estate of Mygland
,
421 N.W.2d 816 (N.D. 1988)
Estate of Zins v. Zins
,
420 N.W.2d 729 (N.D. 1988)
Estate of Nelson
,
419 N.W.2d 915 (N.D. 1988)
Estate of Schatz
,
419 N.W.2d 903 (N.D. 1988)
Estate of Flaherty
,
419 N.W.2d 908 (N.D. 1988)
Matter of Gessler
,
419 N.W.2d 541 (N.D. 1988)
Estate of Byer
,
422 N.W.2d 98 (N.D. 1988)
Sussex v. First National Bank in Grand Forks
,
417 N.W.2d 186 (N.D. 1987)
Estate of Sorensen
,
411 N.W.2d 362 (N.D. 1987)
Estate of Sorensen
,
406 N.W.2d 365 (N.D. 1987)
Nitschke v. Klundt
,
408 N.W.2d 742 (N.D. 1987)
Hagstrom v. Brendel
,
405 N.W.2d 299 (N.D. 1987)
Estate of McNamara
,
402 N.W.2d 893 (N.D. 1987)
Kessel v. Kessel
,
403 N.W.2d 397 (N.D. 1987)
Ranta v. Knudsen
,
403 N.W.2d 397 (N.D. 1987)
Cody v. Neuberger
,
398 N.W.2d 741 (N.D. 1986)
Estate of Papineau
,
396 N.W.2d 735 (N.D. 1986)
Estate of Kjorvestad
,
395 N.W.2d 162 (N.D. 1986)
Midwest Federal Savings Bank v. Symington
,
393 N.W.2d 753 (N.D. 1986)
Paulson v. Meinke
,
389 N.W.2d 798 (N.D. 1986)
Estate of Binder
,
386 N.W.2d 910 (N.D. 1986)
Estate of Frandson
,
383 N.W.2d 807 (N.D. 1986)
Estate of Gustafson
,
381 N.W.2d 208 (N.D. 1986)
Estate of Vertin
,
381 N.W.2d 199 (N.D. 1986)
Estate of Kjorvestad
,
375 N.W.2d 160 (N.D. 1985)
Loberg v. Alford
,
372 N.W.2d 912 (N.D. 1985)
Estate of Erickson
,
368 N.W.2d 525 (N.D. 1985)
Estate of Binder
,
366 N.W.2d 454 (N.D. 1985)
Matter of Bo
,
365 N.W.2d 847 (N.D. 1985)
Estate of Tuntland
,
364 N.W.2d 513 (N.D. 1985)
Mercy Hospital of Williston v. Stillwell
,
358 N.W.2d 506 (N.D. 1984)
Estate of Frandson
,
356 N.W.2d 125 (N.D. 1984)
Estate of Vertin
,
352 N.W.2d 200 (N.D. 1984)
Estate of Bendickson
,
353 N.W.2d 320 (N.D. 1984)
Estate of Engeseth
,
352 N.W.2d 631 (N.D. 1984)
Wucherpfennig v. Dooley
,
351 N.W.2d 443 (N.D. 1984)
Paulson v. Meinke
,
352 N.W.2d 191 (N.D. 1984)
Estate of Rolczynski
,
349 N.W.2d 394 (N.D. 1984)
Estate of Stenerson
,
348 N.W.2d 141 (N.D. 1984)
Okken v. Martha Okken Estate
,
348 N.W.2d 447 (N.D. 1984)
Estate of Polda
,
349 N.W.2d 11 (N.D. 1984)
Gowin v. Hazen Memorial Hospital Association
,
349 N.W.2d 4 (N.D. 1984)
Estate of Kjorvestad
,
345 N.W.2d 838 (N.D. 1984)
Estate of Knudsen
,
342 N.W.2d 387 (N.D. 1984)
Administration of the Larson Trust
,
341 N.W.2d 627 (N.D. 1983)
Estate of Raketti
,
340 N.W.2d 894 (N.D. 1983)
Trust of Sturdevant
,
340 N.W.2d 888 (N.D. 1983)
Estate of Honerud
,
326 N.W.2d 95 (N.D. 1982)
Okken v. Okken Estate
,
325 N.W.2d 264 (N.D. 1982)
Sorlie v. Ness
,
323 N.W.2d 841 (N.D. 1982)
Estate of Knudsen
,
322 N.W.2d 454 (N.D. 1982)
Bartz v. Heringer
,
322 N.W.2d 243 (N.D. 1982)
Quandee v. Skene
,
321 N.W.2d 91 (N.D. 1982)
Estate of Hitz
,
319 N.W.2d 137 (N.D. 1982)
McGuire v. Gaffney
,
314 N.W.2d 851 (N.D. 1982)
Matter of the Trust Created by Sturdevant
,
315 N.W.2d 263 (N.D. 1982)
Cudworth v. Cudworth
,
312 N.W.2d 331 (N.D. 1981)
Estate of Snortland
,
311 N.W.2d 36 (N.D. 1981)
Jones v. Jones
,
310 N.W.2d 753 (N.D. 1981)
Sturdevant v. SAE Warehouse, Inc.
,
310 N.W.2d 749 (N.D. 1981)
Estate of Kjorvestad
,
304 N.W.2d 83 (N.D. 1981)
Estate of Ewoniuk
,
303 N.W.2d 553 (N.D. 1981)
Estate of Bushee
,
303 N.W.2d 320 (N.D. 1981)
Kuhn v. Kuhn
,
301 N.W.2d 148 (N.D. 1981)
Kaldor v. Bjerke
,
300 N.W.2d 202 (N.D. 1980)
Estate of Josephson
,
297 N.W.2d 444 (N.D. 1980)
Estate of Thomas
,
290 N.W.2d 223 (N.D. 1980)
Estate of Jones
,
288 N.W.2d 758 (N.D. 1980)
Estate of Honerud
,
294 N.W.2d 619 (N.D. 1980)
Estate of Honerud
,
288 N.W.2d 767 (N.D. 1980)
Estate of Kjorvestad
,
287 N.W.2d 465 (N.D. 1980)
Weigel v. Rippley
,
283 N.W.2d 123 (N.D. 1979)
Estate of Nelson
,
281 N.W.2d 245 (N.D. 1979)
Liebelt v. Saby
,
279 N.W.2d 881 (N.D. 1979)
Kuhn v. Kuhn
,
281 N.W.2d 230 (N.D. 1979)
Mehus v. Mehus
,
278 N.W.2d 625 (N.D. 1979)
Matter of Massad Trust
,
277 N.W.2d 269 (N.D. 1979)
Geiger v. Estate of Connelly
,
271 N.W.2d 570 (N.D. 1978)
Sturdevant v. SAE Warehouse, Inc.
,
270 N.W.2d 794 (N.D. 1978)
Mehus v. Thompson
,
266 N.W.2d 920 (N.D. 1978)
Estate of Wagner
,
265 N.W.2d 459 (N.D. 1978)
Boone v. Estate of Nelson
,
264 N.W.2d 881 (N.D. 1978)
First National Bank in Minot v. Bloom
,
264 N.W.2d 208 (N.D. 1978)
Estate of Koch
,
259 N.W.2d 655 (N.D. 1977)
Estate of Bieber
,
256 N.W.2d 879 (N.D. 1977)
Conway v. Parker
,
250 N.W.2d 266 (N.D. 1977)
Estate of Culver
,
246 N.W.2d 488 (N.D. 1976)
Cranston v. Winters
,
238 N.W.2d 647 (N.D. 1976)
Wolfgram v. Blank
,
219 N.W.2d 815 (N.D. 1974)
Kolouch v. Bond
,
219 N.W.2d 132 (N.D. 1974)
Estate of Rask
,
214 N.W.2d 525 (N.D. 1974)
Estate of Johnson
,
214 N.W.2d 112 (N.D. 1973)
Estate of Johnson
,
214 N.W.2d 109 (N.D. 1973)
Estate of Elmer
,
210 N.W.2d 815 (N.D. 1973)
Neuberger v. Dally
,
210 N.W.2d 269 (N.D. 1973)
Estate of Texlee
,
196 N.W.2d 406 (N.D. 1972)
Estate of Thompson
,
191 N.W.2d 578 (N.D. 1971)
Wildfang-Miller Motors, Inc. v. Miller
,
186 N.W.2d 581 (N.D. 1971)
Estate of Bogner
,
184 N.W.2d 718 (N.D. 1971)
Bjerke v. Bjerke
,
181 N.W.2d 126 (N.D. 1970)
Athey v. Rask
,
177 N.W.2d 287 (N.D. 1970)
Estate of Brudevig
,
175 N.W.2d 574 (N.D. 1970)
Lembke v. Unke
,
171 N.W.2d 837 (N.D. 1969)
Michaelsen v. Undhjem
,
162 N.W.2d 861 (N.D. 1968)
Kingdon v. Sybrant
,
158 N.W.2d 863 (N.D. 1968)
Schulz v. Saeman
,
150 N.W.2d 67 (N.D. 1967)
Lubenow v. Lubenow
,
146 N.W.2d 166 (N.D. 1966)
Glover v. Paul
,
144 N.W.2d 382 (N.D. 1966)
Olsen v. M.R. Larsen Estate
,
143 N.W.2d 656 (N.D. 1966)
Graves v. First Nat'l Bank
,
138 N.W.2d 584 (N.D. 1965)
Graves v. First Nat'l Bank
,
138 N.W.2d 594 (N.D. 1965)
Bjerke v. Bjerke
,
137 N.W.2d 225 (N.D. 1965)
Edwards v. Christenson
,
136 N.W.2d 823 (N.D. 1965)
Bladow v. Manikowske
,
136 N.W.2d 455 (N.D. 1965)
Manikowske v. Manikowske
,
136 N.W.2d 457 (N.D. 1965)
Manikowske v. Manikowske
,
136 N.W.2d 465 (N.D. 1965)
Edinger v. Edinger
,
136 N.W.2d 114 (N.D. 1965)