Estate of Blikre

Docket No. 20180162
Oral Argument: Monday, September 23, 2019 10:45 AM

Docket Info

Title
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
v.
Sharron Jensen, Respondent and Appellant
and
Jennifer Jensen, Interested Party and Appellant
and
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

  • Appellant

    [¶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.

  • Appellee 1

    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?


Summary

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.



Briefs

Filing Date Description
05/22/2019 APPELLANT BRIEF View
06/21/2019 APPELLEE BRIEF View
07/03/2019 REPLY BRIEF View

Counsel

Party Type Name
APPELLANT PRIVATE PRACTICE Andrew Davis Cook - 06278
APPELLEE PRIVATE PRACTICE Charles (Casey) L Chapman - 03380
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 04/25/2018 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
7 05/01/2018 E-FILED MOTION
8 05/14/2018 Response Filed by Jean Nordahl
9 05/14/2018 EFILED RESPONSE
10 05/14/2018 Response Filed by Sharron Jensen
11 05/14/2018 EFILED RESPONSE
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
31 05/22/2019 APPELLANT BRIEF View
32 05/22/2019 APPELLANT APPENDIX
33 05/24/2019 Rec'd 6 copies of ATB & ATA from CSD
34 06/21/2019 APPELLEE BRIEF View
35 06/21/2019 APPELLEE APPENDIX
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
38 07/03/2019 REPLY BRIEF View
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