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Estate of Clemetson

Docket No. 20110108
Oral Argument: Tuesday, November 1, 2011 10:15am

Docket Info

Title
In the Matter of the Estate of
Harriet O. Clemetson, deceased
-------------
Philip Sprague, Petitioner and Appellant
v.
Kenneth Evanson, Personal
Representative, Respondent and Appellee
Case Type
CIVIL APPEAL : PROBATE - WILLS - TRUSTS
Appeal From
Case No. 09-P-0151
Northeast Central Judicial District, Grand Forks County
Debbie Gordon Kleven
2012 ND 28812 N.W.2d 388
Oral Argument 11/1/2011

Highlight

A prima facie case is established if the party bearing the burden of proof presents evidence strong enough, if uncontradicted, to support a finding in her favor.
Before a presumption arises, the party seeking to rely upon it must prove the requisite foundational facts by credible evidence.
Once the presumption arises that a missing will is revoked, the party seeking probate of a missing will must demonstrate, by a preponderance of the evidence, that the will existed at the time of the testator's death, that the will was fraudulently destroyed in the lifetime of the testator, or that other evidence shows the testator did not intend to revoke the missing will.


Briefs

Filing Date Description
08/15/2011 APPELLANT BRIEF (e-filed) (PDF) View
09/14/2011 APPELLEE BRIEF (e-filed) View
09/28/2011 REPLY BRIEF - EFB View

Counsel

Party Type Name
APPELLEE PRIVATE PRACTICE Craig Mark Richie - 03112
APPELLANT PRIVATE PRACTICE Sara Kaye Sorenson - 05826

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

Seq. # Filing Date Description Attachment
1 04/20/2011 NOTICE OF APPEAL : 04/14/2011
2 04/20/2011 ORDER FOR TRANSCRIPT : 04/14/2011
3 04/20/2011 Acknowledgment of Order for Transcript.
4 05/16/2011 ELECTRONIC RECORD ON APPEAL (ENTRY NOS. 1-107) & SEPARATES (ENTRY NOS. 94 & 95-TRANSCRIPTS).
5 05/16/2011 NOT INCLUDED WERE ENTRY NOS. 81 (OVERSIZED EXHIBIT) & 96 AND 97 (STENO NOTES).
6 06/03/2011 TRANSCRIPTS DATED August 10, 2010 & August 11, 2010 (2 vols.) & C.O.S.
7 06/03/2011 DISK - TRA (8/10/10 & 8/11/10) (e-mailed)
8 07/01/2011 MOT. EXT/TIME APPELLANT BRIEF (e-filed)
9 07/01/2011 E-FILED MOTION (MAT)
10 07/01/2011 ACTION BY CLERK - Granted : 08/15/2011
11 07/06/2011 Supplemental Affidavit to Mot. for Ext. of Time (e-filed)
12 07/06/2011 E-FILED MOTION (supplemental affidavit to mot. for ext. of time).
13 08/15/2011 APPELLANT BRIEF (e-filed) (PDF) View
14 08/15/2011 E-FILED BRIEF (ATB)
15 08/15/2011 APPELLANT APPENDIX (e-filed)
16 08/15/2011 E-FILED APPENDIX (ATA)
17 08/16/2011 Received $25.00 surcharge for ATB (Receipt #20616)
18 09/09/2011 Received 7 copies of ATB from Central Duplicating.
19 09/09/2011 Received 6 copies of ATA from Central Duplicating.
20 09/14/2011 APPELLEE BRIEF (e-filed) View
21 09/14/2011 E-FILED BRIEF (AEB)
22 09/14/2011 APPELLEE APPENDIX (e-filed)
23 09/14/2011 E-FILED APPENDIX (AEA)
24 09/15/2011 Received $25 surcharge for AEB (Receipt #20661)
25 09/16/2011 Rec'd 7 copies of AEB from CSD
26 09/16/2011 Received 6 copies of AEA from CSD
27 09/21/2011 NOTICE OF ORAL ARGUMENT SENT
28 09/28/2011 REPLY BRIEF - EFB View
29 09/28/2011 E-FILED BRIEF - RYB
30 10/03/2011 Rec'd 7 copies RYB from Central Duplicating.
31 09/21/2011 NOTICE OF ORAL ARGUMENT SENT
32 10/06/2011 1st Supplemental Clerk's Electronic Certificate of Appeal (entry nos. 111 & 112)
33 10/06/2011 (no entry for nos. 108 - 110)
34 10/12/2011 2nd Supplemental Electronic Clerk's Certificate on Appeal (Entry No. 113); Not Certified was
35 10/12/2011 Entry No. 114 (2nd Supplemental Clerk's Certificate of Appeal)
36 10/31/2011 Request for Radio/TV Coverage (WDAZ - TV) approved
37 11/01/2011 APPEARANCES: Sara Sorenson/Craig Richie & 2L Alyssa Albus
38 11/01/2011 ARGUED: Sorenson/Richie
39 02/17/2012 DISPOSITION
40 02/17/2012 UNANIMOUS OPINION : Kapsner, Carol Ronning View
41 02/17/2012 Costs taxed in favor of Appellee.
42 04/03/2012 MANDATE
43 04/09/2012 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE