Estate of Feldmann, 903 N.W.2d 280

Decedent Leonhard Feldmann died in 2011, leaving unharvested wheat and farm machinery; his will devised certain farmland to son Gerald and tangible personal property to the residuary estate (benefitting daughters Shannon Evans and Karlice Valencia).
Gerald had been farming Leonhard’s land with Leonhard’s equipment under an arrangement where Leonhard kept the proceeds; Gerald later claimed Leonhard had given him the farm machinery inter vivos.
Probate began in 2012; Gerald, initially the personal representative, filed an inventory showing wheat sold but not the disputed machinery; family disputes over machinery and crop proceeds followed and American Trust Center later became successor personal representative.
District court found (1) Leonhard gifted the farm machinery to Gerald inter vivos and (2) the proceeds of standing wheat at Leonhard’s death passed with the realty to Gerald as devisee; proceeds of wheat harvested before death passed to the residuary estate.
Shannon Evans appealed, arguing insufficient clear-and-convincing evidence for an inter vivos gift and that standing-crop proceeds belonged to the estate.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the farm machinery was an inter vivos gift to Gerald	Evans: no clear and convincing evidence of intent, delivery, acceptance	Gerald: testimony and circumstances show Leonhard intended to give machinery to Gerald and delivery/acceptance occurred	Court: affirmed gift; trial court credibility findings not clearly erroneous
Ownership of proceeds from wheat standing at decedent's death	Evans: proceeds belonged to estate under prior farming arrangement	Gerald: standing crops are part of realty and passed with the land he was devised	Court: standing wheat passed with realty to Gerald; wheat sold before death passed to estate

In re Estate of Hogen, 863 N.W.2d 876 (N.D. 2015) (standard for clearly erroneous review)
Makedonsky v. N.D. Dep’t of Human Servs., 746 N.W.2d 185 (N.D. 2008) (elements of inter vivos gift: intent, delivery, acceptance)
Bellon v. Bellon, 244 N.W.2d 227 (N.D. 1976) (inter vivos gift precedent)
Schrank v. Meade, 145 N.W.2d 514 (N.D. 1966) (requirement of clear and convincing proof when gift claimed after donor's death)
Hammeren v. Hammeren, 823 N.W.2d 482 (N.D. 2012) (appellate deference to trial court credibility determinations)
Schlichenmayer v. Luithle, 221 N.W.2d 77 (N.D. 1974) (growing crops are part of the realty)
Noss v. Hagen, 274 N.W.2d 228 (N.D. 1979) (real property passes to heirs upon decedent's death)