Weigel v. Weigel

Filed July 25, 2007
IN THE SUPREME COURT
STATE OF NORTH DAKOTA
2007 ND 110

Lila M. Weigel, Plaintiff and Appellee
v.
Donald R. Weigel, Defendant and Appellant

No. 20070003

Appeal from the District Court of Ward County, Northwest Judicial District, the Honorable Gary H. Lee, Judge.
AFFIRMED.
Per Curiam.
Tom P. Slorby, Slorby Law Office, 600 22nd Avenue NW, P.O. Box 3118, Minot, N.D. 58702-3118, for plaintiff and appellee.
Paul M. Probst, Probst Law Firm, Northland Professional Building, 600 22nd Avenue NW, Minot, N.D. 58703-0986, for defendant and appellant.

Weigel v. Weigel
No. 20070003

Per Curiam.

[¶1] On appeal from a divorce judgment, Donald Weigel argues the district court had no authority to revoke a trust and distribute its assets. Neither party raised this issue in the district court. Under the terms of the trust agreement, the parties were entitled to revoke the trust by joint action. In post-trial briefs both parties agreed that the district court could revoke the trust and distribute its assets. We summarily affirm under N.D.R.App.P. 35.1(a)(1) and (7). See, e.g., Chapman v. Chapman, 2004 ND 22, ¶ 7, 673 N.W.2d 920 (this Court will not address issues raised for the first time on appeal).

[¶2] Gerald W. VandeWalle, C.J.
Dale V. Sandstrom
Daniel J. Crothers
Mary Muehlen Maring
Carol Ronning Kapsner