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Estate of Harms

Docket No. 20110165
Oral Argument: Tuesday, November 8, 2011 2:45pm

Docket Info

Title
In the Matter of the
Estate of Edith Harms, Deceased
-----------
William McNamara, as co-personal
representative of the Estate of
Edith Harms, Petitioner and Appellant
v
Cheryl Harms Feist, as co-personal
representative of the Estate of
Edith Harms, Respondents and Appellee
Case Type
CIVIL APPEAL : PROBATE - WILLS - TRUSTS
Appeal From
Case No. 01-P-00016
Northwest Judicial District, McKenzie County
Joshua B. Rustad
2012 ND 62814 N.W.2d 783
Oral Argument 11/8/2011

Highlight

A co-trustee of a testamentary did not waive the right to argue for an alternative distribution of estate assets by administering a trust.
Judicial estoppel does not apply absent success in a prior court proceeding.
The Uniform Probate Code makes certain agreements among successors binding on an estate's personal representative and provides a procedure for making compromise agreements binding by securing court approval.
When the meaning of a will provision is in question, the intention of a testator as expressed in the testator's will controls the legal effect of the testator's dispositions.
The estate tax marital deduction allows spouses to avoid paying federal estate taxes on property passing from a decedent to his or her surviving spouse.
The unified credit allows an individual to exempt a combined amount lifetime and at death transfers from the federal estate and gift tax.
The fractional formula distributing the decedent's residuary estate funded a nonmarital trust in the amount sheltered by the decedent's available unified credit and devised the remainder of the residuary estate to a marital share.


Briefs

Filing Date Description
07/15/2011 APPELLANT BRIEF View
08/24/2011 APPELLEE BRIEF View
09/19/2011 REPLY BRIEF of Appellant (e-filed) View

Counsel

Party Type Name
APPELLANT PRIVATE PRACTICE Lawrence A. Dopson - 03214
APPELLEE PRIVATE PRACTICE Zachary Evan Pelham - 05904
APPELLEE PRIVATE PRACTICE Patrick W Durick - 03141

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

Seq. # Filing Date Description Attachment
1 06/07/2011 NOTICE OF APPEAL : 06/06/2011
2 06/07/2011 ANNOUNCED DISQUALIFICATION : Kapsner, Carol Ronning
3 07/15/2011 APPELLANT BRIEF View
4 07/15/2011 E-FILED BRIEF (ATB)
5 07/15/2011 APPELLANT APPENDIX (e-filed)
6 07/15/2011 E-FILED APPENDIX (ATA)
7 07/18/2011 Received $25 surcharge for ATB
8 07/19/2011 ELECTRONIC RECORD ON APPEAL (Image Nos. 1 - 40; Note: There is not an Image No. 39)
9 07/20/2011 Received 7 copies of ATB from CSD
10 07/20/2011 Received 6 copies of ATA from CSD
11 08/05/2011 MOT. EXT/TIME APPELLEE BRIEF
12 08/05/2011 ACTION BY DEPUTY CLERK (MAE) - Granted : 08/24/2011
13 08/08/2011 Rec'd supplemental for motion for ext. of time to file appellee's brief from Mr. Pelham.
14 08/17/2011 Electronic Supplemental Record on Appeal - Entry No. 43
15 08/24/2011 APPELLEE BRIEF View
16 08/24/2011 APPELLEE APPENDIX
17 08/24/2011 DISK-AEB (CD-ROM)
18 09/06/2011 MOT. EXT/TIME REPLY BRIEF (E-filed)
19 09/06/2011 E-FILED MOTION (Mot/Ext/RYB)
20 09/06/2011 ACTION BY CLERK (Mot/Ext/RYB) - Granted : 09/19/2011
21 09/19/2011 REPLY BRIEF of Appellant (e-filed) View
22 09/19/2011 E-FILED BRIEF (RYB)
23 09/26/2011 Received 7 copies of RYB from CSD
24 10/06/2011 NOTICE OF ORAL ARGUMENT SENT
25 10/24/2011 SITTING WITH THE COURT : Goodman, Ronald E.
26 11/08/2011 APPEARANCES: Lawrence A. Dopson; Patrick W. Durick; Zachary E. Pelham
27 11/08/2011 ARGUED: Lawrence A. Dopson; Zachary E. Pelham
28 11/08/2011 ORAL ARGUMENT WEBCAST
29 11/08/2011 ANNOUNCED DISQUALIFICATION : Maring, Mary Muehlen
30 03/19/2012 DISPOSITION
31 03/19/2012 UNANIMOUS OPINION : Crothers, Daniel John View
32 03/19/2012 Costs on appeal taxed in favor of appellant
33 03/22/2012 Judgment Sent to Parties
34 04/02/2012 PETITION FOR REHEARING (APPELLEE) View
35 04/03/2012 DISK-PER (E-MAILED)
36 04/23/2012 Brief in Response to Appellee's Petition for Rehearing Filed
37 04/23/2012 E-FILED BRIEF (Response to PER)
38 04/24/2012 Rec'd 7 copies of Brief in Response to Appellee's PER
39 04/30/2012 MOTION to Strike Appellant's Brief in Response to Petition for Rehearing
40 05/01/2012 Appellant's Reply to Motion to Strike Appellant's Brief
41 05/07/2012 NO ACTION TAKEN (MOT/Strike)
42 05/07/2012 ACTION BY SUPREME COURT (PER) - Denied
43 05/16/2012 MANDATE
44 07/20/2021 EXPUNGED - Nonpermanent record items destroyed