Legal Opinion

Ottum v. Wells Fargo Bank, N.A. (In Re Trust of Roger S. Linn Restated Trust Agreemen)

North Dakota Supreme Court

Decided February 28, 2019No. 20180206PublishedCited by 2 opinions

1Opinion of the Court

Jensen, Justice.

[¶1] Shirley Linn appeals from a district court order denying her petition seeking a distribution of trust assets, after the court concluded the unambiguous language of the trust agreement did not compel the requested distributions. Stephen Linn, Deborah Wagner, and Mark Wagner cross-appeal the district court's denial of their request for a recovery of their attorney fees incurred in responding to Shirley Linn's petition. We conclude the trust agreement's language is ambiguous, and we reverse and remand this case for further proceedings in the district court.

I

[¶2] In March…

2Cases cited11 opinions

  1. Hecker v. Stark County Social Service BoardNorth Dakota Supreme Court · 1995
  2. Vanderhoof v. Gravel Products, Inc.North Dakota Supreme Court · 1987
  3. A.G. Golden v. SM Energy CompanyNorth Dakota Supreme Court · 2013
  4. Alerus Financial, N.A. v. Western State BankNorth Dakota Supreme Court · 2008
  5. Heitkamp v. Milbank Mutual Insurance Co.North Dakota Supreme Court · 1986

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3Cited by2 opinions

  1. Dwyer v. SellNorth Dakota Supreme Court · 2021
  2. Trust of LinnNorth Dakota Supreme Court · 2019

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