Estate of Blikre
- In the Matter of the Estate of Jacquelynn D. Blikre
Jean Nordahl, as Personal Representative of the
Estate of Jacquelynn D. Blikre, Deceased, Petitioner and Appellee
Sharron Jensen, Respondent and Appellant
Jennifer Jensen, Interested Party and Appellant
Tamara Engle, Interested Party
- Case Type
- CIVIL APPEAL : PROBATE - WILLS - TRUSTS
- Appeal From
Case No. 2016-PR-00140
North Central Judicial District, Mountrail County
Richard L. Hagar
Parties' Statement of Issues
[¶1] Whether the district court erred as a matter of law by concluding the April 20, 2005 Will was valid when the Will was not witnessed by two individuals in accordance with North Dakota law.
[¶2] Whether the district court erred in probating a copy of the April 20, 2005 Will when the Will was missing at the time of the decedent’s death and was presumed to be revoked by operation of North Dakota law.
[¶3] Whether the district court erred as a matter of law by declining to probate the decedent’s handwritten instructions as a holographic will when the handwritten instructions satisfied the requirements of the statute.
1. Whether the District Court abused its discretion when it denied a motion for summary judgment, which sought to rescind the formal probate order, which was based on newly discovered evidence, and which was filed more than nine months after entry of the formal probate order?
2. Whether the District Court's determination that the facts rebutted the presumption of animo revocandi was clearly erroneous?
3. Whether the District Court's determination that the facts fails to prove the existence of a valid holographic will was clearly erroneous?
Sharron and Jennifer Jensen appeal after a copy of Jacquelynn Blikre’s will was admitted to probate.
Blikre executed a will in 2005. The will left Blikre’s estate to her sister Sandra Nordahl and named Nordahl personal representative of the estate. After Blikre’s death in 2016, Nordahl petitioned for formal probate of Blikre’s will. Nordahl attached a copy of the will to the petition because the original will was missing. Blikre’s sister Sharron Jensen objected to Nordahl’s petition, claiming Blikre’s will should be considered revoked because the original was missing. Nordahl was appointed personal representative subject to a determination of whether the copy of Blikre’s will would be probated. Nordahl died after her appointment as personal representative. Nordahl’s husband Jean petitioned for appointment as successor personal representative. Sharron Jensen also petitioned for appointment. After a hearing, the district court found sufficient evidence existed showing Blikre did not intend to revoke her will. The court ordered formal probate of the copy of Blikre’s will and appointed Jean Nordahl as personal representative.
Following the district court’s order, Jennifer Jensen petitioned for formal probate of a holographic will and to set aside Blikre’s 2005 will. She alleged Blikre wrote instructions in 2016 relating to her estate. She claimed the handwritten documents revoked the 2005 will and divided Blikre’s estate between her sisters, Sandra Nordahl and Sharron Jensen, and her nieces, Jennifer Jensen and Tamra Engel. After a hearing, the district court denied Jensen’s petition, concluding the handwritten documents did not revoke the 2005 will.
On appeal, the Jensens argue the district court should have set aside the copy of Blikre’s 2005 will and probated Blikre’s handwritten documents.
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
|Seq. #||Filing Date||Description||Attachment|
|1||04/25/2018||NOTICE OF APPEAL : 04/25/2018|
|2||04/25/2018||ORDER FOR TRANSCRIPT transmitted on 4-30-18|
|3||04/27/2018||Received filing fee|
|4||04/27/2018||NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV.|
|5||04/27/2018||Notice served on Asa K. Burck, Charles L.(Casey) Chapman, Sara K. Sorenson & Tamara Engel|
|6||05/01/2018||MOTION FOR Remand - RspDue : 05/14/2018|
|8||05/14/2018||Response Filed by Jean Nordahl|
|10||05/14/2018||Response Filed by Sharron Jensen|
|12||05/15/2018||ACTION BY CHIEF JUSTICE - Granted|
|13||05/15/2018||ORDER OF REMAND|
|14||05/15/2018||Appellate briefing schedule stayed|
|15||05/15/2018||Order Sent to Parties|
|16||05/15/2018||Parties directed to brief appealability in briefs on the merits|
|17||05/29/2018||ELEC. RECORD ON APPEAL DATED (ENTRY NOS. 1-90) (not sent 56)|
|18||06/29/2018||ELECTRONIC TRANSCRIPT DATED OCTOBER 30, 2017|
|19||06/29/2019||C.O.S. FOR TRANSCRIPT|
|20||02/26/2019||ELEC. SUPP. RECORD ON APPEAL DATED FEBRUARY 26, 2019 (ENTRY NOS. 93-163)|
|21||02/26/2019||Substitution of Counsel filed by Sara Sorenson as counsel for Sharron Jensen, Appellant|
|22||02/26/2019||SECOND NOTICE OF APPEAL|
|23||02/26/2019||SECOND ORDER FOR TRANSCRIPT : 02/27/2019|
|24||02/27/2019||NOT. OF FILING SECOND NOT. OF APPEAL AND PROOF OF SERV.|
|25||04/03/2019||ELECTRONIC TRANSCRIPTS DATED AUGUST 3, 2018|
|26||04/03/2019||ELECTRONIC TRANSCRIPT DATED JANUARY 25, 2019|
|27||04/03/2019||C.O.S. FOR TRANSCRIPTS|
|28||05/13/2019||Received $29.50 e-filing surcharge for AEB (receipt #27054|
|29||05/16/2019||MOT. EXT/TIME APPELLANT BRIEF|
|30||05/16/2019||ACTION BY CLERK - Granted : 05/30/2019|
|33||05/24/2019||Rec'd 6 copies of ATB & ATA from CSD|
|36||06/24/2019||Rec'd $25 surcharge for AEB (receipt #27125)|
|37||06/26/2019||Rec'd 6 copies of AEB & AEA from Central Duplicating|
|39||07/09/2019||Rec'd 6 copies of RYB from CSD|
|40||08/02/2019||NOTICE OF ORAL ARGUMENT SENT|
|41||09/23/2019||APPEARANCES: Andrew D. Cook; Charles L.(Casey) Chapman|
|42||09/23/2019||ARGUED: Andrew D. Cook; Charles L.(Casey) Chapman|
|43||09/23/2019||ORAL ARGUMENT WEBCAST|