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IN RE: JOHN V. KLEIN FAMILY TRUST, DATED DECEMBER 31, 2003 AND AMENDED ON MAY 19, 2010 Gregory D. Klein and Wesley J. Klein, Petitioners and Appellees v. Jelena M. Bouret and John V. Klein, Jr., Respondents and Appellees Jeffrey G. Klein, Respondent Bruce G. Klein, Respondent and Appellant
[¶1] Bruce Klein appeals from an order granting trustees’ petition for sale of trust's surface interests and distribution of mineral interests to beneficiaries. He argues the district court erred by limiting testimony and argument from John Klein, Jr., and improperly interpreting the trust documents. We conclude the court did not abuse its discretion by limiting John Klein, Jr.’s testimony and argument. Further, we conclude Bruce Klein did not raise the trust interpretation issue in the district court and thus cannot raise it now on appeal for the first time. Beeter v. Sawyer Disposal LLC, 2009 ND 153, ¶¶ 20-21, 771 N.W.2d 282 (concluding issues not raised in the district court cannot be raised for the first time on appeal). We summarily affirm under N.D.R.App.P. 35.1(a)(4) and (7).
Per Curiam.
[¶2] Jon J. Jensen, C.J. Lisa Fair McEvers Douglas A. Bahr Allan L. Schmalenberger, S.J. Norman G. Anderson, S.J.[¶3] The Honorable Allan L. Schmalenberger, S.J., and the Honorable Norman G. Anderson, S.J., sitting in place of Crothers, J., and Tufte, J., disqualified.
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Docket No: No. 20230059
Decided: September 28, 2023
Court: Supreme Court of North Dakota.
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FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
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