Matter of Hogen Trust B
In the Matter of Curtiss A. Hogen Trust B, created under the Last Will and
Testament of Curtiss A. Hogen
Steven C. Hogen, Co-Trustee, Petitioner and Appellee
Rodney Hogen, Co-Trustee, Respondent and Appellant
East Central Judicial District,
Judge Steven E. McCullough
|Nature of Action:||Probate - Wills - Trusts|
|Term:||01/2018  Argument: 01/04/2018|
|ND cite:||2018 ND 117|
911 N.W.2d 305
Listen to recording of oral argument in MP3 format
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:
 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?
 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?
 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
 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?
 Did the district court abuse its discretion by approving the Amended Final Report and Account of Trust (hereinafter "Final Report")?
 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?
|Add Docket 20170090 RSS|
|1||03/13/2017 NOTICE OF APPEAL: 03/13/2017|
|2||03/13/2017 ORDER FOR TRANSCRIPT: 03/15/2017|
|3||03/13/2017 Received Filing Fee|
|4||03/15/2017 NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV.|
|5||03/15/2017 Notice served on Jonathan T. Garaas, Robert G. Hoy & Sara K. Sorenson|
|6||03/16/2017 MOTION TO DISMISS APPEAL. RspDue: 03/30/2017|
|7||03/29/2017 Response Filed|
|8||03/30/2017 Reply to the Response|
|9||04/05/2017 Motion to Dismiss, Response, and Reply To Be Heard With the Merits|
|10||03/30/2017 ELECTRONIC TRANSCRIPT DATED APRIL 27, 2016 & C.O.S.|
|11||04/07/2017 Letter dated April 4, 2017, with attachment from Robert G. Hoy|
|12||04/19/2017 ELEC. RECORD ON APPEAL DATED APRIL 18, 2017 (ENTRY NOS.1-481)|
|13||04/24/2017 ELECTRONIC TRANSCRIPTS DATED NOVEMBER 18, 2015, FEBRUARY 17, 2016, MAY 27, 2016, SEPTEMBER 20, 2016|
|14||04/24/2017 SEPTEMBER 22, 2016, SEPTEMBER 23, 2016 & C.O.S|
|15||04/26/2017 MOTION FOR Stay and Appendix|
|16||05/03/2017 ACTION BY SUPREME COURT (stayed upon $300,000 supersedeas bond & other conditions). Granted|
|17||06/02/2017 APPELLANT BRIEF & ADDENDUM|
|18||06/02/2017 APPELLANT APPENDIX|
|19||06/02/2017 DISK (ATB) (CD)|
|20||06/30/2017 APPELLEE BRIEF (PDF)|
|21||06/30/2017 E-FILED BRIEF (PDF)|
|22||07/03/2017 Rec'd $25 e-filing surcharge for AEB (receipt #25343)|
|23||07/06/2017 Rec'd 6 copies of AEB from CSD|
|24||07/14/2017 MOTION FOR Order of Remand. RspDue: 07/31/2017|
|25||07/14/2017 E-FILED MOTION|
|26||07/13/2017 REPLY BRIEF|
|27||07/14/2017 DISK - CD|
|28||07/21/2017 1ST ELEC. SUPP. RECORD ON APPEAL DATED JULY 20, 2017 (ENTRY NOS.483-487)|
|29||07/24/2017 AMENDED 1ST ELEC. SUPP. RECORD ON APPEAL DATED JULY 24, 2017 (ENTRY NOS. 482-488)|
|30||07/27/2017 Response Filed to Motion for Remand w/ Affidavit of Jonathan Garaas|
|31||07/28/2017 Reply brief in support of Motion for Remand|
|32||08/02/2017 ACTION BY SUPREME COURT (Motion for Remand). Granted|
|33||08/02/2017 Oral argument continued from September|
|34||08/02/2017 ORDER OF REMAND|
|35||09/25/2017 2ND NOTICE OF APPEAL (return of remand)|
|36||09/25/2017 ORDER FOR TRANSCRIPT: 09/25/2017|
|37||09/25/2017 MOTION FOR CONSOLIDATION (2nd NOA)|
|38||09/26/2017 RECORD ON APPEAL DATED SEPTEMBER 21, 2017 (ENTRY NOS.1-507) (Re-filed)|
|39||09/26/2017 ACTION BY CHIEF JUSTICE (consolidation). Granted|
|40||09/25/2017 2ND NOTICE OF APPEAL|
|41||09/26/2017 NOT. OF FILING 2ND NOT. OF APPEAL AND PROOF OF SERV.|
|42||09/26/2017 Notice served on Jonathan T. Garaas & Sara K. Sorenson|
|43||10/11/2017 ELECTRONIC TRANSCRIPT DATED SEPTEMBER 5, 2017 & C.O.S.|
|44||10/24/2017 2ND ELEC. SUPP. RECORD ON APPEAL DATED OCTOBER 23, 2017 (ENTRY NOS.1-512)|
|45||10/25/2017 2ND AMENDED ELEC. SUPP. RECORD ON APPEAL DATED OCTOBER 24, 2017 (ENTRY NOS.508-513)|
|46||11/16/2017 SUPPLEMENTAL APPELLANT BRIEF|
|47||11/16/2017 SUPPLEMENTAL APPELLANT APPENDIX|
|48||11/16/2017 DISK (SUPPLEMENTAL ATB) (CD)|
|49||12/15/2017 SUPPLEMENTAL APPELLEE BRIEF (PDF)|
|50||12/15/2017 E-FILED BRIEF (PDF)|
|51||12/15/2017 Rec'd 6 copies of Supp AEB from CSD|
|52||12/18/2017 NOTICE OF ORAL ARGUMENT SENT|
|53||12/28/2017 SUPPLEMENTAL REPLY BRIEF (filed subject to approval of the Court)|
|54||12/28/2017 DISK (SUPP RYB)|
|55||01/04/2018 APPEARANCES: Jonathan T. Garaas; Sara K. Sorenson; Stephen R. Hanson II|
|56||01/04/2018 ARGUED: Jonathan T. Garaas; Sara K. Sorenson|
|57||01/04/2018 ORAL ARGUMENT WEBCAST|
|58||05/08/2018 DISPOSITION: AFFIRMED|
|59||05/08/2018 UNANIMOUS OPINION: VandeWalle, Gerald W.|
|60||05/08/2018 Costs on appeal taxed in favor of Appellee|
|61||05/08/2018 ACTION BY SUPREME COURT (Motion to Dismiss). Denied|
|62||05/09/2018 Judgment Sent to Parties|
|63||05/17/2018 PETITION FOR REHEARING|
|64||05/18/2018 DISK (ATB) U.S. Mailed|
|65||06/05/2018 ACTION BY SUPREME COURT. Denied|