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Date: 04-28-2022
Case Style:
Case Number: 2022 ND 90
Judge: Per Curiam
Court: Supreme Court of North Dakota on appeal from the District Court of Burleigh County
Plaintiff's Attorney: Greg Hennessey
Defendant's Attorney: Billie Dixon, pro se
Description: Bismarck, North Dakota wills, trusts and estate attorney represented Petitioner, who sued Respondent on a breach of fiduciary duty theory.
John Dixon sought accused Billie Dixon of breach of fiduciary duty for failing to provide annual accountings to him, as
required by the Trust agrement and contrary to the decision in Dixon v. Dixon, 2018 ND 25, 905 N.W.2nd 748. He further claimed that Responsdent owed the beneficiaries reimbursement for waste of the trust funds.
The district court found Billie Dixon complied with the Trust’s terms to provide an accounting
and did not engage in improper conduct as trustee. The court also found she
did not misuse trust assets or make improper gifts of trust property. On the
basis of the evidence at trial, the court found Billie Dixon had provided all of
the necessary accounting records and no funds were misappropriated, which
are questions of fact.
Outcome: Affirmed.
Plaintiff's Experts:
Defendant's Experts:
Comments: