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Matter of John T. Gassmann Trust

Docket No. 20170033
Oral Argument: Wednesday, June 21, 2017 1:30 PM

Docket Info

Title
In the Matter of the John T. Gassmann GST Trust
----------
Bell Bank, f/k/a Bell State Bank & Trust,
as Trustee of the John T. Gassmann GST Trust, Petitioner and Appellee
v.
Margaret A. Oakland, Respondent and Appellant
Case Type
CIVIL APPEAL : PROBATE - WILLS - TRUSTS
Appeal From
Case No. 2016-CV-00261
Southeast Judicial District, Barnes County
Jay A. Schmitz
2017 ND 232902 N.W.2d 723
Oral Argument 6/21/2017

Highlight

Res judicata bars the relitigation of claims that were raised, or could have been raised, in earlier actions between the same parties.
Under North Dakota law, if a trust has two or more beneficiaries, the trustee must act impartially in dealing with the trust property, giving due regard to the beneficiaries' respective interests. The trustee also has a duty to protect and preserve the trust assets and to defend actions which may result in loss to the trust.


Briefs

Filing Date Description
03/20/2017 APPELLANT BRIEF View
04/24/2017 APPELLEE BRIEF View
05/08/2017 REPLY BRIEF View

Counsel

Party Type Name
APPELLEE PRIVATE PRACTICE Ian McLean - 07320
APPELLEE PRIVATE PRACTICE Berly D Nelson - 05903
APPELLANT PRO SE Margaret A. Oakland

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

Seq. # Filing Date Description Attachment
1 01/25/2017 NOTICE OF APPEAL : 01/25/2017
2 01/25/2017 ORDER FOR TRANSCRIPT : 01/30/2017
3 01/30/2017 NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV.
4 01/30/2017 Notice served on Margaret Oakland, Timothy Richard & Berly D. Nelson
5 02/08/2017 ELECTRONIC TRANSCRIPT DATED October 18, 2016 & C.O.S.
6 02/27/2017 ELEC. RECORD ON APPEAL DATED February 24, 2017 (ENTRY NOS. 1 - 28)
7 03/18/2017 Appellant withdrew ATB
8 03/18/2017 APPELLANT APPENDIX
9 03/18/2017 DISK (ATB) e-mailed
10 03/20/2017 Rec'd revised appellant's brief with c.o.s.
11 03/20/2017 APPELLANT BRIEF View
12 04/24/2017 APPELLEE BRIEF View
13 04/24/2017 E-FILED BRIEF
14 04/24/2017 Received $25 surcharge for AEB (receipt #25222)
15 05/02/2017 Received 6 copies of AEB from CSD
16 05/08/2017 REPLY BRIEF View
17 05/08/2017 DISK (e-mailed)
18 05/22/2017 NOTICE OF ORAL ARGUMENT SENT
19 06/12/2017 Supplemental Citation under N.D.R.App.P. 28(k) by Appellant
20 06/21/2017 APPEARANCES: Margaret A. Oakland, Ian McLean, Berly D. Nelson
21 06/21/2017 ARGUED: Margaret A. Oakland; Berly D. Nelson
22 06/21/2017 ORAL ARGUMENT WEBCAST
23 06/30/2017 Supplemental citations under N.D.R.App.P. 28(k)
24 08/23/2017 Supplemental citations under N.D.R.App.P. 28(k) by Appellant
25 09/15/2017 ANNOUNCED DISQUALIFICATION : Jensen, Jon J.
26 09/15/2017 SITTING WITH THE COURT : Kapsner, Carol Ronning
27 10/03/2017 DISPOSITION
28 10/03/2017 UNANIMOUS OPINION : Tufte, Jerod E. View
29 10/03/2017 Costs taxed in favor of Appellee
30 10/03/2017 Judgment Sent to Parties
31 10/17/2017 PETITION FOR REHEARING View
32 10/17/2017 E-FILED BRIEF
33 10/18/2017 Received 6 copies of PER from Central Duplicating
34 11/16/2017 ACTION BY SUPREME COURT - Denied
35 11/24/2017 MOTION to Amend Opinion
36 11/24/2017 E-FILED MOTION
37 11/27/2017 MOTION to Stay Mandate
38 11/27/2017 E-FILED MOTION
39 11/27/2017 ACTION BY CHIEF JUSTICE - Granted
40 12/07/2017 NO ACTION TAKEN (motion to amend opinion)
41 12/07/2017 Substitute Opinion Pages 5, 6, & 8 Filed
42 12/08/2017 Order Sent to Parties (Substitute Opinion Pages)
43 01/05/2018 MANDATE
44 10/28/2022 EXPUNGED - Nonpermanent record items destroyed