Matter of Hogen Trust B

20170090 In the Matter of Curtiss A. Hogen Trust B, created under the Last Will and
Testament of Curtiss A. Hogen
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Steven C. Hogen, Co-Trustee, Petitioner and Appellee
v.
Rodney Hogen, Co-Trustee, Respondent and Appellant

Appeal from: District Court, East Central Judicial District, Cass County
Judge Steven E. McCullough
Nature of Action: Probate - Wills - Trusts
Counsel:
Appellant: Jonathan T. Garaas
Appellee: Sara Kaye Sorenson
Appellee: Stephen Roger Hanson II
Term: 01/2018   Argument: 01/04/2018

Listen to recording of oral argument in MP3 format

Issues: Appellant's Statement of the Issues:
1. Did the District Court err by dishonoring the Last Will and Testament of Curtiss A. Hogen which created Trust B favoring his surviving spouse, Arline H. Hogen, with net income during her "lifetime", and upon her death [March 23, 2007], provided for the termination of the trust with equal distribution to his living children [or the issue of Steven Hogen and Rodney Hogen] as contingent remaindermen?
2. Did the District Court err by dishonoring the property rights of the remaindermen?
3. Did the District Court improvidently disallow efforts to "wind up" the trust?
4. Did the District Court err by rejecting legal principles such as jurisdiction, res judicata, collateral estoppel, statute(s) of limitation, and standing?
5. Did the District Court err by dishonoring the trust requiring equal distribution to vested remaindermen?
6. Did the District Court fail to understand the deed was a "ministerial" act compelled only to recognize what was already done by law?
7. Can a District Court, under the guise of trust supervision, dishonor due process of law recognized by actions at law, and right to jury trials, among many core components?
8. Can a District Court create contracts, or exercise jurisdiction over proceedings in other cases?
9. Did the District Court err by not accepting Rodney Hogen's accounting to remainderman Steven Hogen?
10. Is the District Court's determination as to a "chose in action" clearly erroneous in amount, and based upon errors of fact and law?
11. Does the District Court's equitable remedy deny Rodney Hogen legal protection of the law, including a statutory right of redemption?
12. Should a District Court countenance, or promote impropriety, or its appearance?


Appellee's Statement of the Issues:
[1] Should this appeal from interlocutory orders concerning a trust under continuing judicial supervision be dismissed when there has been no final judgment and no Rule 54(b) certification?
[2] Did the trial court correctly rule that the co-trustees' administrative powers over trust assets, including real estate, remained in effect after the death of Arline Hogen?
[3] Do filings with the Clerk of Court, with service upon opposing counsel, constitute ex parte communications with the court?

Steven C. Hogen, Co-Trustee Supplemental Issues
[1] Did the district court correctly rule that the co-trustees' administrative powers over trust assets, including real estate, remained in effect after the death of Arline Hogen?
[2] Did the district court abuse its discretion by approving the Amended Final Report and Account of Trust (hereinafter "Final Report")?
[3] Did the district court abuse its discretion by awarding trustee fees and attorney fees when the fees were reasonable and the district had ample authority to award them?

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Docket entries:
103/13/2017 NOTICE OF APPEAL: 03/13/2017
203/13/2017 ORDER FOR TRANSCRIPT: 03/15/2017
303/13/2017 Received Filing Fee
403/15/2017 NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV.
503/15/2017 Notice served on Jonathan T. Garaas, Robert G. Hoy & Sara K. Sorenson
603/16/2017 MOTION TO DISMISS APPEAL. RspDue: 03/30/2017
703/29/2017 Response Filed
803/30/2017 Reply to the Response
904/05/2017 Motion to Dismiss, Response, and Reply To Be Heard With the Merits
1003/30/2017 ELECTRONIC TRANSCRIPT DATED APRIL 27, 2016 & C.O.S.
1104/07/2017 Letter dated April 4, 2017, with attachment from Robert G. Hoy
1204/19/2017 ELEC. RECORD ON APPEAL DATED APRIL 18, 2017 (ENTRY NOS.1-481)
1304/24/2017 ELECTRONIC TRANSCRIPTS DATED NOVEMBER 18, 2015, FEBRUARY 17, 2016, MAY 27, 2016, SEPTEMBER 20, 2016
1404/24/2017 SEPTEMBER 22, 2016, SEPTEMBER 23, 2016 & C.O.S
1504/26/2017 MOTION FOR Stay and Appendix
1605/03/2017 ACTION BY SUPREME COURT (stayed upon $300,000 supersedeas bond & other conditions). Granted
1706/02/2017 APPELLANT BRIEF & ADDENDUM
1806/02/2017 APPELLANT APPENDIX
1906/02/2017 DISK (ATB) (CD)
2006/30/2017 APPELLEE BRIEF (PDF)
2106/30/2017 E-FILED BRIEF (PDF)
2207/03/2017 Rec'd $25 e-filing surcharge for AEB (receipt #25343)
2307/06/2017 Rec'd 6 copies of AEB from CSD
2407/14/2017 MOTION FOR Order of Remand. RspDue: 07/31/2017
2507/14/2017 E-FILED MOTION
2607/13/2017 REPLY BRIEF
2707/14/2017 DISK - CD
2807/21/2017 1ST ELEC. SUPP. RECORD ON APPEAL DATED JULY 20, 2017 (ENTRY NOS.483-487)
2907/24/2017 AMENDED 1ST ELEC. SUPP. RECORD ON APPEAL DATED JULY 24, 2017 (ENTRY NOS. 482-488)
3007/27/2017 Response Filed to Motion for Remand w/ Affidavit of Jonathan Garaas
3107/28/2017 Reply brief in support of Motion for Remand
3208/02/2017 ACTION BY SUPREME COURT (Motion for Remand). Granted
3308/02/2017 Oral argument continued from September
3408/02/2017 ORDER OF REMAND
3509/25/2017 2ND NOTICE OF APPEAL (return of remand)
3609/25/2017 ORDER FOR TRANSCRIPT: 09/25/2017
3709/25/2017 MOTION FOR CONSOLIDATION (2nd NOA)
3809/26/2017 RECORD ON APPEAL DATED SEPTEMBER 21, 2017 (ENTRY NOS.1-507) (Re-filed)
3909/26/2017 ACTION BY CHIEF JUSTICE (consolidation). Granted
4009/25/2017 2ND NOTICE OF APPEAL
4109/26/2017 NOT. OF FILING 2ND NOT. OF APPEAL AND PROOF OF SERV.
4209/26/2017 Notice served on Jonathan T. Garaas & Sara K. Sorenson
4310/11/2017 ELECTRONIC TRANSCRIPT DATED SEPTEMBER 5, 2017 & C.O.S.
4410/24/2017 2ND ELEC. SUPP. RECORD ON APPEAL DATED OCTOBER 23, 2017 (ENTRY NOS.1-512)
4510/25/2017 2ND AMENDED ELEC. SUPP. RECORD ON APPEAL DATED OCTOBER 24, 2017 (ENTRY NOS.508-513)
4611/16/2017 SUPPLEMENTAL APPELLANT BRIEF
4711/16/2017 SUPPLEMENTAL APPELLANT APPENDIX
4811/16/2017 DISK (SUPPLEMENTAL ATB) (CD)
4912/15/2017 SUPPLEMENTAL APPELLEE BRIEF (PDF)
5012/15/2017 E-FILED BRIEF (PDF)
5112/15/2017 Rec'd 6 copies of Supp AEB from CSD
5212/18/2017 NOTICE OF ORAL ARGUMENT SENT
5312/28/2017 SUPPLEMENTAL REPLY BRIEF (filed subject to approval of the Court)
5412/28/2017 DISK (SUPP RYB)
5501/04/2018 APPEARANCES: Jonathan T. Garaas; Sara K. Sorenson; Stephen R. Hanson II
5601/04/2018 ARGUED: Jonathan T. Garaas; Sara K. Sorenson
5701/04/2018 ORAL ARGUMENT WEBCAST

Generated from Supreme Court Docket on 04/20/2018