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Estate of Cashmore

Docket No. 20090315
Oral Argument: Monday, May 17, 2010 1:30pm

Docket Info

Title
In the Matter of the Estate of Robert W. Cashmore, Deceased.
-------------------------------------------------------
Thain M. Cashmore, individually,
as Personal Represenative of the
Estate of Robert W. Cashmore and
as Trustee of the Robert Cashmore
Trust, Bourck D. Cashmore,
individually and as Trustee of
the Robert Cashmore Trust, Appellants
v.
Trudy L. Cashmore, Tricia L.
Cashmore, and Kendra A. Cashmore, Appellees
Case Type
CIVIL APPEAL : PROBATE - WILLS - TRUSTS
Appeal From
Case No. 02-P-0212
North Central Judicial District, Ward County
Richard L. Hagar
2010 ND 159787 N.W.2d 261
Oral Argument 5/17/2010

Highlight

Once a final judgment or order has been entered approving a final accounting and distribution of estate property, the estate proceedings are concluded and the parties are not authorized to file a petition to approve an amended final accounting under the statute.
When there is a substantial, unanticipated change in the value of an asset after trial but before distribution of the property, the proper remedy is a motion to reopen to produce additional evidence at a hearing.
The reasonable amount of personal representative's fees and attorney's fees to be allowed is left in the sound discretion of the district court.

Briefs

Filing Date Description
02/17/2010 APPELLANT BRIEF (e-filed) PDF View
04/19/2010 APPELLEE BRIEF (E-filed) View
05/03/2010 REPLY BRIEF (e-filed) PDF View

Counsel

Party Type Name
APPELLANT PRIVATE PRACTICE Kirsten Marie Sjue - 06067
APPELLANT PRIVATE PRACTICE Clark Jay Bormann - 04655
APPELLANT PRIVATE PRACTICE Kent A Reierson - 03685
APPELLEE PRIVATE PRACTICE Carol K Larson - 04406

(Note: Attachments may not be available for recently filed cases and/or confidential documents.)

Seq. # Filing Date Description Attachment
1 10/22/2009 NOTICE OF APPEAL : 10/20/2009
2 10/22/2009 ORDER FOR TRANSCRIPT : 10/20/2009
3 11/18/2009 RECORD ON APPEAL (3 Vol.) including separate exhibits
4 12/08/2009 TRANSCRIPT DATED June 16, 2009 & C.O.S.
5 12/09/2009 DISK - tra (6-16-09) (e-mailed)
6 12/11/2009 Corrected covers for Transcript dated 6-16-09
7 01/05/2010 MOTION to Withdraw as Attorney of Record, Brief and Affidavit in Support (M. Larson)
8 01/05/2010 Request for extension of time for brief in letter dated 01/04/2010
9 01/05/2010 E-FILED MOTION (Mtn to Withdraw)
10 01/11/2010 MOT. EXT/TIME APPELLANT BRIEF - Granted : 02/17/2010
11 01/11/2010 E-FILED MOTION (MAT)
12 01/11/2010 MOTION to Amend Caption
13 01/11/2010 E-FILED MOTION (Amend caption)
14 01/13/2010 ACTION BY CLERK (Extension for Appellant's Briefs) - Granted : 02/17/2010
15 01/13/2010 ACTION BY CLERK (Amend Caption) - Granted
16 01/21/2010 ACTION BY CHIEF JUSTICE (Motion to Withdraw) - Granted
17 02/05/2010 Supplemental Clerk's Certificate dated 2-4-10 (Entry Nos. 194-201)
18 02/17/2010 APPELLANT BRIEF (e-filed) PDF View
19 02/17/2010 E-FILED BRIEF (ATB) PDF
20 02/17/2010 APPELLANT APPENDIX (e-filed) PDF
21 02/17/2010 E-FILED APPENDIX (ATA) PDF
22 02/18/2010 Received $25 e-filing surcharge for ATB (Receipt #19363).
23 02/23/2010 Received 7 copies of ATB from Central Duplicating.
24 02/23/2010 Received 6 copies of ATA from Central Duplicating.
25 03/04/2010 MOT. EXT/TIME APPELLEE BRIEF
26 03/04/2010 ACTION BY CLERK (MAE) - Granted : 04/17/2010
27 04/19/2010 APPELLEE BRIEF (E-filed) View
28 04/19/2010 E-FILED BRIEF (AEB)
29 04/19/2010 APPELLEE APPENDIX (E-filed)
30 04/19/2010 E-FILED APPENDIX (AEA)
31 04/20/2010 Received $25 surcharge for AEB (Receipt #19450)
32 04/20/2010 NOTICE OF ORAL ARGUMENT SENT
33 04/21/2010 Received 7 copies of AEB from CSD
34 04/21/2010 Received 6 copies of AEA from CSD
35 05/03/2010 REPLY BRIEF (e-filed) PDF View
36 05/03/2010 E-FILED BRIEF (RYB) PDF
37 05/05/2010 Received 7 copies of RYB from CSD
38 05/17/2010 APPEARANCES: Kent A. Reierson; Clark J. Bormann; Carol K. Larson
39 05/17/2010 ARGUED: Reierson; Bormann; Larson
40 05/17/2010 ORAL ARGUMENT WEBCAST
41 08/17/2010 DISPOSITION
42 08/17/2010 UNANIMOUS OPINION : Sandstrom, Dale V. View
43 08/17/2010 Costs on appeal taxed in favor of Appellees
44 08/19/2010 Judgment Sent to Parties
45 09/20/2010 MANDATE
46 09/21/2010 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
47 02/01/2021 EXPUNGED - Nonpermanent record items destroyed