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In the Matter of the Estate of Ardis Dionne v. Norman Dionne

IN THE SUPREME COURT STATE OF NORTH DAKOTA


June 21, 2011

IN THE MATTER OF THE ESTATE OF ARDIS DIONNE,
DECEASED RANDALL A. DIONNE AND CYNTHIA A. LARSON,
PETITIONERS AND APPELLANTS
v.
NORMAN DIONNE, INDIVIDUALLY AND AS PERSONAL REPRESENTATIVE OF THE ESTATE OF ARDIS DIONNE,
RESPONDENT AND APPELLEE

Appeal from the District Court of Mountrail County, Northwest Judicial District, the Honorable David W. Nelson, Judge.

Per curiam.

N.D. Supreme Court Estate of Dionne, 2011 ND 97

This opinion is subject to petition for rehearing. [Go to Documents]

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AFFIRMED.

Estate of DionneNo. 20100353

Per Curiam.

[¶1] Randall Dionne and Cynthia Larson appeal from the district court's judgment concluding the parties intended to convey certain property to their brother, Norman Dionne. They argue the district court's findings and conclusions were clearly erroneous. This case was previously before this Court in Estate of Dionne, 2009 ND 172, 772 N.W.2d 891, in which this Court reversed and remanded for the district court to make certain findings regarding the distribution agreement signed by the parties. The district court concluded the parties intended to transfer the property in its entirety to Norman Dionne. The district court's findings are supported by the evidence in the record and are not clearly erroneous, and we summarily affirm the district court's judgment under N.D.R.App.P. 35.1(a)(2) and (3).

[¶2] Dale V. Sandstrom Wickham Corwin, D.J. William F. Hodny, S.J. Thomas E. Merrick, D.J. Gerald W. VandeWalle, C.J.

[¶3] The Honorable Thomas E. Merrick, D.J., the Honorable Wickham Corwin, D.J., and the Honorable William F. Hodny, S.J., sitting in place of Maring, J., Crothers, J., and Kapsner, J., disqualified.

20110621

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