Adolph Rub Trust, First Trust Co. of North Dakota v. Rub

GIERKE, Justice.

Duane E. Rub appeals from a district court order striking his demand for a jury trial and from a subsequently entered judgment cancelling a contract for deed and dismissing his counterclaim. We affirm. 1

In July 1978 Duane and his wife, Marlys Rub, entered into a contract for deed with Adolph Rub, Duane’s father, to purchase certain property in Grant County for $104,-000. Adolph died in May 1980. Adolph’s will created the Adolph Rub Trust [Trust] for the benefit of his wife, Amelia Rub, who was Adolph’s second wife and not the natural mother of Duane. Adolph bequeathed the…