Opinion
DA 23-0031
08-01-2023
IN THE MATTER OF THE ESTATE OF IAN RAY ELLIOT, Deceased.
ORDER
Representing themselves, the Appellants. Jenny Jing. Alice Carpenter, and Mike Bolenbaugh. move this Court to submit corrections to the three transcripts for this probate matter on appeal. The Appellants point out that they have contacted opposing counsel and that counsel do not object to the motion. M. R. App. P. 16(1). The Appellants explain that the court reporter made errors or mistakes, due to Jenny's accent, when recording and preparing the transcripts. The Appellants offer that, instead of having the court reporter re-hear the audio records, this Court may review the attached Reference A for the corrected words. Therefore, upon good cause and no objection thereto, IT IS ORDERED that the Appellants' Motion to Submit Corrections to the Transcripts as Reference is GRANTED and the attached Reference A is FILED separately as an addendum to the Transcripts, dated March 7, April 1, and November 29. 2022.
The Clerk is directed to provide a copy of this Order to counsel of record and to Jenny Jing. Alice Carpenter, and Mike Bolenbaugh personally.
REFERENCE A (DA 23-0031)
Corrected Words In The Transcripts
3/7/2022 Trnascript
P191, line 17
Health insurance, not house insurance.
P201, line 10
we live in Montana, not I live in Montana
P221, p222, line 1
Line 22
is "feeling". Not "Fading"
P223, line 20,21, P224, line 13
P236 line 19, "Ms. Streeter", should be "administrator". There is no such person as Ms. Streeter
line 19:
willing to do-to do. In Ian's Court filing, not waiting to do-to do in Ian's courtfiling;
(These are 2 separate sentences)
Line 22, "is/as well connected", Not "attack his field".
Line 25, was according to law. Not "as according to law"
4/1/2022 Transcript
Note:
page # out side () is the pdf file's page #. In the () is the page # on the transcript.)
P33 (p272), line 11,13, Help Ann and me, not Ian and me.
P7,line 5, 8
Olsen, not Aesen
P37, line 1-2
"would not order a judicial mediation. Not" would be order a traditional-mediation"
P50, line 15
cross examination, not "court examination"
P74, line 4
So-are-they-recalled for, should be "So are they the law for"
P75, line 10, line 15, To see, not to say.
Line11, The law, not the eall
P87, line 12
Formation, not liquidation,
Line 22, Formation, not information
P102, Line 4, $523,000, not $423,000
P104, line 9-10
"and I'll prove we provided you... Not "I probably would provide you..”
P105, line 1, See, not save
Line 20,21, CD, not fee, P108, line 11 Adversary, not advisory,
P122, line 18, Agreement, not accountant-, accounting.
P123, line 9, As the family issue, not "and-the family issue".
P124, line 11, "ethical and Ian may not be reasonable". Not "ethical and that may not be reasonable"
Line 20, Our bar in Montana is small, not our Montana
P125, line 8, when Ian and I sent Ada back to there. Not "when Ian and I said to Ada to there"
Line 9, and Ada, not my Ada, Line 11-12, "you are dumping me". Not "you are abandoning me".
Line 16, "back after Ada had two emergency". Not "back up to Ada in two emergency".
Line 22, "Because of these fiduciaries", not "this fiduciary".
Line 25, "and that's why they blame Ian himself. Not "and that's why he blame Ian himself'.
P126, line 21, Estate tax, not state tax. There's never a million estate tax, not "never a-state tax".
Line 24, "To examine whether he falsely denied". Not "whether they falsely denied".
P127, line 4, "is not because Ian did something wrong., Not "is that because Ian did..."
Line 5, should be "Ian asked Womack to equally distribute partnership shares", not "Ian asked Mr. Billstein can't" (Billstein was appointed after Ian died)
Line 5-6, he asked to have, (not "He asked her to have ..."
Line 21, and they went to our house, or the house. Not "they went to their house"
Line 23, to seek relief for Cindy. Not to save really for Cindy", and to seek a relief for Womack. Not 'to sake and relief for Womack".
P128, Line 4: 8% rental and lease income. Not "S0% of rental and this income"
Line 10: --have adversary party. Not have anniversary part"
Line 13, and evidence not examined, Not "and evidence not exam".
Line 21, with this settlement. Not "with this second amended".
Line 24, "did not contest the accounting", not "did contest the accounting".
P129, line 6-7, "they should have protected Ada and Ian, Not "Ada Ian"
P130, line 10, 30 and 40 acres, not "440 acres".
P134, line 23-24, "than Mr. Womack selling land", not "than Mr. Womack receiving land".
P146, line 9: $523,000 mortgage. Not "500,023,000"
P148, Line 13, "was actually Cindy advanced cash, not "was actually Cindy to devise cash"
P151,line 7, Cindy to do the audit, Not "Cindy to come back the audit".
P161 -162, "I forgot they say", Not "I forgot to say"
P163 line 10-11. (the last 50 years, not the last 15 years. Please see line 19. Mike talked about 50 years, 55 years friendship or worked with Ian.