First Western Bank & Trust v. First Lutheran Church Foundation

VANDE WALLE, Chief Justice.

[¶ 1] Paul Marquardt appealed from a judgment which ordered that the proceeds of his deceased mother’s annuity belonged solely to Rodger Marquardt and effectively denied Paul’s motion to amend a prior memorandum opinion or, in the alternative, grant a new trial. We conclude the trial court did not abuse its discretion in failing to amend or grant a new trial, and we affirm.

I

[¶ 2] In 1996, Laura 0. Marquardt purchased an annuity from New York Life Insurance Company (“New York Life”). On March 2, 1998, Laura executed a last will and testament devising her property to…