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IN RE HIRSCH

No. 20080209.

770 N.W.2d 225 (2009)

2009 ND 135

In the Matter of the Emelia HIRSCH, June 9, 1994, Irrevocable Trust Timothy Betz, Appellant v. Emelia A. Hirsch, aka Emelia Hirsch, aka Emilia Hirsch, Carolyn Twite and Duane Hirsch, Appellees.

Supreme Court of North Dakota.

Rehearing Denied August 24, 2009.

Attorney(s) appearing for the Case

Theresa L. Cole, American Legal Services, P.C., Bismarck, N.D., for appellant.

Sheldon A. Smith, Smith Bakke Porsborg & Schweigert, Bismarck, N.D., for appellee Emelia A. Hirsch.

Richard B. Baer (appeared), Richard B. Baer, P.C., Bismarck, N.D., for appellees Carolyn Twite and Duane Hirsch.

CROTHERS, Justice.

[¶ 1] Timothy Betz appealed from a district court order reforming a trust. Because we do not consider issues raised for the first time on appeal, we affirm the district court's order. We decline, however, to award attorney fees or costs under N.D.R.App.P. 38 for a frivolous appeal.

I

[¶ 2] In 1994, the "Emelia Hirsch June 9, 1994, Irrevocable Trust" was created, and Emelia Hirsch transferred assets to the trust. The stated...

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