Estate of Ewing

Citations

• 2023 ND 124

Syllabus

The district court does not err in finding an oral contract existed when no evidence existed that any party lacked the capacity to contract. Agreeing to sell a party's interest in estate property constitutes valid consideration. The district court does not err in finding mutual assent was present when evidence existed that parties came to an agreement. Substantial, permanent, and valuable improvements made to a property may be considered part performance sufficient to take an oral agreement outside of the statute of frauds. The district court does not err in finding personal property items were distributed properly according to a previously created agreement. The district court does not err in finding a personal representative failed to properly maintain the property when the personal representative failed to obtain home insurance, care for the exterior of the home, or pay utilities. The district court does not abuse its discretion when it denies claims for reimbursement from a personal representative when the personal representative failed to provide evidence on what costs he incurred. The district court may impose a remedial or punitive sanction for contempt when a personal representative breaches his fiduciary duty.