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LANGER v. PENDER

No. 20080115.

764 N.W.2d 159 (2009)

2009 ND 51

Henry J. LANGER and Mary Ann Weiss, Plaintiffs and Appellants, v. Phillip M. PENDER, individually, as Trustee of the Phillip M. Pender and Josephine I. Pender Revocable Inter Vivos Trust Agreement dated November 20, 1996, and as Personal Representative of the Estate of Josephine I. Pender, Defendant and Appellee.

Supreme Court of North Dakota.

April 6, 2009.

Attorney(s) appearing for the Case

Mark R. Hanson (argued) and Kristi L. Haugen (on brief), Nilles, Ilvedson, Plambeck & Selbo, Ltd., Fargo, N.D., for plaintiffs and appellants.

Christopher M. McShane, Ohnstad Twichell, West Fargo, N.D., for defendant and appellee.

SANDSTROM, Justice.

[¶ 1] Henry J. Langer and Mary Ann Weiss appeal from a district court judgment dismissing on summary judgment their declaratory judgment action against Phillip M. Pender to enforce the terms of a revocable inter vivos trust agreement. We hold the district court properly concluded that the trust agreement remained revocable after the death of Josephine I. Pender and that Phillip Pender's revocation of the trust was in compliance with the trust...

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