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IN RE: JOHN V. KLEIN FAMILY TRUST (2023)

Supreme Court of North Dakota.2023-09-28No. No. 20230059

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Opinion

[¶1] Bruce Klein appeals from an order granting trustees’ petition for sale of trusts 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.