Legal Opinion

Matthew Larson Trust Agreement

North Dakota Supreme Court

Decided May 28, 2013No. 20120319PublishedCited by 8 opinions

1Opinion of the Court

CROTHERS, Justice.

[¶ 1] William and Patricia Clairmont appeal from a judgment interpreting two trusts the Clairmonts created for the benefit of their grandson, Matthew Larson, and dismissing the Clairmonts’ petition to reform the trusts. The Clairmonts argue the district court erred in denying their petition to reform the trusts because there was clear and convincing evidence of a mistake of law that affected their intent and the terms of the trusts. We conclude the court misapplied the law construing trusts involving a mistake of law and the correct application of the law to the court’s…

2Cases cited17 opinions

  1. Sargent County Bank v. WentworthNorth Dakota Supreme Court · 1993
  2. State v. CarpenterNorth Dakota Supreme Court · 1980
  3. Hecker v. Stark County Social Service BoardNorth Dakota Supreme Court · 1995
  4. Berman v. SandlerMassachusetts Supreme Judicial Court · 1980
  5. Langer v. PenderNorth Dakota Supreme Court · 2009

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3Cited by8 opinions

  1. Estate of Irvine v. OaasMontana Supreme Court · 2013
  2. Grengs v. LakefieldNorth Dakota Supreme Court · 2015
  3. Ramstetter v. Hostetler (In re Estate of Ramstetter)Colorado Court of Appeals · 2016
  4. Joyce v. JoyceNorth Dakota Supreme Court · 2020
  5. Estate of AlmerNorth Dakota Supreme Court · 2024

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