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Agnes M. Gassmann Revocable Living Trust Wells Fargo Bank, N.A v. Mary Reichert

August 23, 2011

AGNES M. GASSMANN REVOCABLE LIVING TRUST WELLS FARGO BANK, N.A., PETITIONER AND APPELLEE
v.
MARY REICHERT, JO ANNE DALHOFF, AND JAMES GASSMANN,
RESPONDENTS AND APPELLANTS
AND JOHN T. GASSMANN, RESPONDENT JOHN A. GASSMANN REVOCABLE LIVING TRUST WELLS FARGO BANK, N.A.,
PETITIONER AND APPELLEE
v.
MARY REICHERT, JO ANNE DALHOFF, AND JAMES GASSMANN, RESPONDENTS AND APPELLANTS AND JOHN T. GASSMANN,
RESPONDENT



Appeals from the District Court of Cass County, East Central Judicial District, the Honorable Steven L. Marquart, Judge.

The opinion of the court was delivered by: Maring, Justice.

N.D. Supreme CourtAgnes M. Gassmann Revocable Living Trust, 2011 ND 169

This opinion is subject to petition for rehearing.

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AFFIRMED IN PART AND REMANDED IN PART.

Opinion of the Court by Maring, Justice.

Nos. 20100275 & 20100276

[¶1] Mary Reichert, Jo Anne Dalhoff, and James Gassmann appeal from a district court judgment reforming the terms of their parents' revocable living trusts and determining that John T. Gassmann was to receive farmland held in a limited liability limited partnership in addition to his one-fourth interest in the residue of his parents' trusts. We affirm, concluding the district court did not err in reforming the terms of the parents' trusts and in determining John T. Gassmann received the farmland held in the partnership in addition to his one-fourth share in the residue of his parents' trusts, but we remand for correction of clerical errors in the judgment.

I

[¶2] John A. and Agnes Gassmann were married and had four children, John T. Gassmann, Mary Reichert, Jo Anne Dalhoff, and James Gassmann. John A. and Agnes executed separate, identical revocable living trusts to manage their assets.

[¶3] In 2001, John A. and Agnes deeded some of their farmland to a limited liability limited partnership entitled "the John Thomas Gassmann LLLP" ("the LLLP"), with each of their respective trusts holding a 49.5 percent partnership interest and their son, John T., who farmed the land, holding a one percent partnership interest. Disposition of John A. and Agnes's interests in the LLLP upon their deaths was provided for in Article Five, Paragraph 6 of the trusts:

Specific Allocation. My Trustee shall distribute all of my ownership interests in the John Thomas Gassmann LLLP and in the [specified farmland] as follows:

a. If my son, John T. Gassmann, survives me, then to my Trustee, and successors in trust, to be handled pursuant ...


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