827 N.W.2d 555
N.D.2013Background
- Ardis Dionne died in 1998 in Hawaii; she was survived by six children and James Goodness, who was claimed as a husband but not legally married.
- Ardis owned a 1/4 interest in Mountrail County land; Norman Dionne was personal representative and probate proceeded intestate.
- A holographic will found in 2001 left all property to James Goodness; Norman and Cynthia Larson sought to keep land in the family.
- In 2002, Goodness signed a deed in Hawaii directing that the estate’s land be conveyed to Norman; handwritten changes favored Norman and James Goodness signed.
- Norman, as PR, later issued a deed to himself; petitions to void this deed and distribute to heirs followed; trial and appellate history culminated in a sequence of rulings that favored Norman.
- In 2012, petitioners sought probate of the will; the district court denied, citing res judicata and collateral estoppel, and dismissed under Rule 12(b)(vi).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Are petitioners barred by res judicata and collateral estoppel? | Dionne/Larson contend new probate petition should proceed. | Dionne asserts prior determinations preclude relitigation. | Barred by res judicata/collateral estoppel. |
| Was the petition properly dismissed under Rule 12(b)(vi)? | Claims were viable and not properly dismissed. | Claims were already decided; dismissal proper. | Properly dismissed. |
| Does section 30.1-20-12 bind the personal representative to a distribution agreement? | probate required to honor the will/distribution. | Distribution agreement binds PR and overrides will. | Agreement binding; probate unnecessary. |
| Is admitting the will to probate futile given the distribution agreement? | Probate determines validity and beneficiaries. | Futility because agreement controls and would distribute to Norman. | Futile; probate not required. |
Key Cases Cited
- Hale v. State, 818 N.W.2d 684 (N.D. 2012) (12(b)(6) and sufficiency; light most favorable to plaintiff)
- Ziegelmann v. DaimlerChrysler Corp., 649 N.W.2d 556 (N.D. 2002) (12(b)(6) standards; dismissal viewed critically)
- Ungar v. N.D. State Univ., 721 N.W.2d 16 (N.D. 2006) (finality; res judicata and collateral estoppel)
- In re Estate of Harms, 814 N.W.2d 783 (N.D. 2012) (Uniform Probate Code; binding agreements among successors)
- Johnson v. Tomlinson, 160 N.W.2d 49 (N.D. 1968) (family agreements in estate settlements favored)