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IN RE MATTHEW LARSON TRUST AGREEMENT

No. 20120319.

831 N.W.2d 388 (2013)

2013 ND 85

In re MATTHEW LARSON TRUST AGREEMENT DATED MAY 1, 1996 and In re Matthew J. Larson Irrevocable Retirement Trust II Agreement Dated December 1, 2009. William E. and Patricia A. Clairmont, Petitioners and Appellants v. Greg Larson, parent and guardian of N.J.L. and L.M.L., Respondent and Appellee and Sean Smith as Trustee of the Elizabeth H. Larson Trust Agreement Dated May 1, 1996; Jared D. Larson Trust Agreement Dated May 1, 1996; and Samuel G. Larson Trust Agreement Dated May 1, 1996, Respondents.

Supreme Court of North Dakota.

May 28, 2013.

Attorney(s) appearing for the Case

Ronald H. McLean (argued), Timothy G. Richard (appeared) and Peter W. Zuger (on brief), Fargo, N.D., for petitioners and appellants.

Rebecca L. Binstock (argued) and Paul R. Sanderson (appeared), Bismarck, N.D., for respondent and appellee.

CROTHERS, Justice.

[¶ 1] William and Patricia Clairmont appeal from a judgment interpreting two trusts the Clairmonts created for the benefit of their grandson, Matthew Larson, and dismissing the Clairmonts' petition to reform the trusts. The Clairmonts argue the district court erred in denying their petition to reform the trusts because there was clear and convincing evidence of a mistake of law that affected their intent and the terms of the trusts. We conclude...

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