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In the Matter of the Emelia Hirsch, June 9, 1994, Irrevocable v. Emelia A. Hirsch

IN THE SUPREME COURT STATE OF NORTH DAKOTA


April 11, 2013

IN THE MATTER OF THE EMELIA HIRSCH, JUNE 9, 1994, IRREVOCABLE TRUST TIMOTHY BETZ, RESPONDENT AND APPELLANT
v.
EMELIA A. HIRSCH, AKA EMELIA HIRSCH, AKA EMILIA HIRSCH, CAROLYN TWITE, AND DUANE HIRSCH, PETITIONER AND APPELLEES

Appeal from the District Court of Burleigh County, South Central Judicial District, the Honorable Gail H. Hagerty, Judge.

Per curiam.

N.D. Supreme CourtMatter of Emelia Hirsch Trust, 2013 ND 63 This opinion is subject to petition for rehearing.

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AFFIRMED.

Per Curiam.

[¶1] Timothy Betz appealed from a district court order denying a motion to vacate an earlier order which had reformed a trust. See In re Emelia Hirsch, June 9, 1994, Irrevocable Trust, 2009 ND 135, 770 N.W.2d 225. We affirm under N.D.R.App.P. 35.1(a)(1) and (4). We further order Timothy Betz to pay attorney fees in the amount of $1,000 plus double costs under N.D.R.App.P. 38.

[¶2] Gerald W. VandeWalle, C.J. Mary Muehlen Maring Daniel J. Crothers Carol Ronning Kapsner John C. McClintock, D.J.

[¶3] The Honorable John C. McClintock, D.J., sitting in place of Sandstrom, J., disqualified.

20130411

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