Rick Berg

1 STATE OF NORTH DAKOTA

IN DISTRICT COURT f
2 COUNTY OF OLIVER SOUTH CENTRAL JUDICIAL DISTRICT
3
4 Dennis s. Martin, Deborah J. Martin, )
and Sheila R. Wells, )
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Plaintiffs,
)
-vs-
case No.
Tracy (Martin) Berg, Rick Berg, and
8 Margaret Martin, individually, and
as personal representative of the
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9 Est.ate of Stephen Martin,
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Oefenciants.
TRANSCRIPT OF
VIDEOTAPED DEPOSITION OF RICK BERG
Taken At
200 North Third street
Bismarck, North Dakota
July 22, 2004
(APPEARANCES AS NOTED HEREIN)

A P P E A R A N C E S
MR. DANIEL J. DUNN of
Maring Williams Law Office, P. C.
Attorneys at Law
1220 Main Avenue, Suite 105
P . O. Box 2103
Fargo, North Dakota 58107-2103
FOR THE PLAINTIFFS .
MR . MALCOLM H. BROWN
Attorney at Law
209 East Broadway Avenue
P . O. Box 2692
Bismarck, North Dakota 58502-2692
FOR THE DEFENDANT.
CONTENTS
RICK BERG
Examination by Mr . ounn
CERTIFICATE OF DEPONENT
CERTIFICATE OF COURT REPORTER
AND NOTARY PUBLIC
Page No.
3
58
59
Condenselt TM July 22, 2004
Page 1
Page 2
I
1 (Pursuant to Amended Notice to Take
2 Audio-Visual Deposition of RICK BERG in the
3 above-entitled cause, the following examination
4 came on for taking before Denise M. Andahl, a
5 Registered Professional Reporter and a Notary
Page 3
6 Public in and for the State of North Dakota, at the
7 offices of Emineth & Associates, 200 North Third
8 Street, in the City of Bismarck, County of
9 Burleigh, State of North Dakota, on the 22nd day of
10 July, 2004, commencing at 10:09 a.m., counsel
11 appearing on behalf of the respective ,Parties as
12 hereinbefore indicated:)
13
14 (The following proceedings were had and
15 made of record:)
16 RICKBERG,
17 being first duly sworn, was examined and testified
18 as follows:
19 EXAMINATION
20 BY MR. DUNN:
21 Q. Please state your name for the record.
22 A. Richard Berg.
23 Q. You usually go by Rick; is that right?
' I
24 A. Yes.
25 Q. Rick, as you know, my name is Dan Dunn and
Page 4
1 I believe that you sat in at least the beginning of
2 both Margaret and Tracy's depositions when I went
3 through some of the ground rules --
4 A. Yes.
5 Q. --for these things, so I won't repeat
6 them. But probably the two most important ones are
7 if you don't understand a question, please ask me
8 to rephrase and I certainly will do that, because
9 if you do answer, I'll assume that you have
10 understood my question. Is that fair?
11 A! Yes.
12 Q. And then if you need to take a break and
13 talk to Malcolm at any time, you can certainly do
14 that, as well. And the final thing is, again,
15 answer out loud because it's hard to take down nods
16 or shakes of the head.
17 A Yes.
18 Q. Before your deposition today, did you
19 review any documents?
20 A. Just briefly. I looked at the file and I
21 did scan Tracy's deposition.
22 Q. Okay. When you say you looked at the
23 file, what was contained in those file materials?
24 A. Material from Malcolm.
25 Q. And I'm assuming --
Page 1 - Page 4
Rick Berg Condenselt TM
July 22, 2004
Page 5
i
1 A Correspondence.
2 Q. --that's like the amended complaint,
3 anything like that, did you review that or not?
4 A. I have not reviewed that in 30 days.
5 Q. Okay. How about any of the attachments to
6 the amended complaint?
7 A No.
8 Q. What I've called the Bruce Bair file that
9 contained the wills, have you seen that recently?
10 A No.
' 11 Q. The Lindell file, have you looked at that?
12 A. Not in the last 30 days.
13 Q. And then, finally, the Orville Schmitz
14 file, too, have you looked at that recently?
15 A No.
16 MR. BROWN: Schulz.
17 Q. (MR. DUNN CONTINUING) I'm sorry.
18 Schulz. Correct. But you did review or at least
19 scan Tracy's deposition?
20 A. Yes.
21
22
Q. And how about Margaret's?
A. No.
23 Q. Have you written any letters to anY,one
24 related to this particular lawsuit?
25 A No.
1 A. Well, I think the -- again, I don't know
2 --I can't remember specifics, but both, one,
3 discussing the case so they could make a
4 recommendation, as well as who they may recommend.
5 Q. Can you tell me what you explained to
6 these people about this particular lawsuit?
7 A Well, I guess some of the attorneys, I
8 provided them with the documents that I had at that
9 point, provided that to the Vogel finn, the Ohnstad
10 firm, Jim Hill. And, again, so what I explained to
, 11 others that didn't receive the documents was the
12 feedback that I maybe got from other attorneys.
13 Q. Did you summarize as best you could what
14 your understanding of the issues were and the
15 circumstances surrounding the lawsuit?
16 A. Yes.
17 Q. In terms of other people, business
18 partners, neighbors, tell me what you generally
19 told them.
20 A. Again, business pa."'iners so aware .
21 of my involvement in this. Again, shared with them
22 the gist of the lawsuit. I guess the same would be
23 with neighbors. The same would be people in
24 politics. I guess I put them kind of between
25 friends and neighbors and partners, but, again,
Page 6
Page 8
1 Q. Have you received any letters from anybody
2 else other than Malcolm --
3 A. No.
4 Q. -- related to the lawsuit? Have you had
5 any discussions with people related to the
6 lawsuit? And, again, I'll exclude Malcolm.
7 A. Yes.
8 Q. Tell me generally who you've talked to and
9 what you've talked about.
10 A. Well, I guess I've, talked to attorneys,
11 business partners, neighbors. Wayne Stenehjem, I
12 asked him to recommend an attorney when it became
13 obvious we needed one. I talked to, you know,
14 other attorneys that I know here in Bismarck, as
15 well as Fargo, Ohnstad firm, I guess neighbors,
16 business partners, just, you know, their advice on
17 what we should do.
18 Q. And when you talk about those discussions
19 you've had with Wayne Stenehjem and other
20 attorneys, I assume that was doing a little
2I background checking to see who you should retain--
22 A. Yes.
23 Q. -- in connection with the lawsuit? Any
24 other discussions with those attorneys other than,
25 you know, who do you suggest for counsel?
I getting their advice and input.
2 Q. Do you farm any of the land owned by
3 Margaret at this time?
4 A. No.
5 Q. Do you rent any land from Margaret?
6 A No.
7 Q. Have you ever rented land from Margaret?
8 When I say "you," what I really mean is you and
9 Tracy in that cattle operation.
10 A. I think prior to Jim Lorenz, Tracy and her
II mom had a partnership where, again, they paid
I2 expenses and shared income.
I3 Q. Was that a cattle lease-type arrangement
14 or not?
I5 A No.
16 Q. That was simply renting the land. Would
17 Tracy rent the land from Margaret; is that how it
18 worked?
I9 A. Well, to be honest, I was never very
20 involved in what the relationship was between Tracy
2I and Margaret and how they-- how they accounted for
22 their income or their expenses. That was their
23 operation.
24 Q. Do you know when it transitioned from
25 Tracy renting the land from Margaret until the Jim
Page 5 - Page 8
Rick Berg Condenselt TM
July 22, 2004
Page 9
, Page 11
1 Lorenz relationship came about?
2 A. That would have been November of '02,
3 yeah.
4 Q. And since then, at least as far as you
5 know, Tracy does not rent any land from Margaret?
6 A No. Jim Lorenz would.
7 Q. Did Jim kind of slip into that spot that
8 Tracy was renting before?
9 A Again, the -- well, it's kind of hard to
1 o -- the relationship before was really two people
11 owning assets and dividing the income and expenses
12 between each other. When Jim came, then it was Jim
13 entered into a cattle lease with Tracy, in essence
14 with Margaret, for the cows that she would have.
15 So, for example, if Tracy has 200 cows and Margaret
16 has a hundred cows, Jim would have the same lease
17 relationship with both Tracy and Margaret. And
18 then in that agreement he is leasing pastureland
19 and hayland.
20 Q. Prior to Jim Lorenz getting involved,
21 what's your understanding of the financial
22 relationship between Tracy and Margaret with
1
23 respect to the cattle operation? Was there some 1
24 type of percentage?
25 A. Can you restate that?
1 Tracy in roughly the early 1980s, then you guys got
2 married in about 19 8 7; is that right?
3 A Yes.
4 Q. And so you had an opportunity to get to
5 know Steve --
6 A. Yes.
7 Q. -- Tracy's dad, before his death? Tell
8 me, if you can, the relationship that Steve had
9 with all of the kids. If it's easier to start with
1 o the oldest, and if you want to start with Diane,
11 that r s fine, l;mt just run down at least your
12 observations of those relationships.
13 A Really the only relationship that I saw
14 was between Steve and Tracy and Margaret. You
15 know, Steve's interaction with the other children
16 would have been at some family events or something
17 like that, so, you know, I can't -- I don't know
18 what his relationship would have been with any of
19 the other children.
20 Q. You would see them interact at family
21 functions like birthday parties or weddings or
22 anniversaries, that kind of stuff--
23 A Yes.
' 24 Q. -- is that a fair statement? Do you know
1
25 how often you would see the family get together
Page 10 Page 12
1 Q. Certainly. Did they have some type of
2 agreement, like Margaret would get 50 percent of
3 the profit and Tracy would get 50 percent, or were
4 there some other percentages that they worked off
5 of?
6 A. I don't know.
7 Q. You weren't involved in those discussions?
8 A No.
9 Q. Have you or Tracy purchased land from
10 anyone in that Hensler area?
11 A. Yes.
12 Q. Who have you purchased land from?
13 A. Skelley.
14 Q. Do you know when that was?
15 A I don't remember.
16 Q. Do you know where that land is?
17 A. It would be a portion of the big pasture.
18 Q. Have you purchased anything else from
19 anyone else in the Hensler area?
20 A. Land?
21 Q. Yes.
22 A No.
23 Q. Have you purchased any land from Margaret?
24 A. No.
25 Q. As I understand it, you started dating
1 with most of the children there? Was that on a
2 yearly basis or more than that?
3 A You know, I don't recall if I ever saw the
4 whole family together.
5 Q. Who were the children that were around the
. 6 most that you saw with Steve in some of these
7 family events?
8 A. It would be Tracy and Deb and Stevie.
9 Q. Did you get a sense that there was any
10 animosity or ill feelings between Steve and any of
11 his children? 1
12 A. I was dating his daughter. I didn't want
13 to make any judgments or push any issues. Again, I
14 can't respond to what his relationship or feelings
15 would be to any of the other children. I just'-- I
16 just don't know what they would have been.
17 Q. And, again, I don't mean to repeat the
18 question, but you didn't see or overhear Steve say
19 anything derogatory about any of the kids?
20 A No.
21 Q. Start with Diane, Dennis, Stevie, Deb,
22 Sheila, Tracy, anybody.
23 A. I don't recall him ever saying anything
24 derogatory or anything positive. No.
25 Q. From what you could tell, a pretty normal
Page 9- Page 12
Rick Berg Condenselt TM
Ju1y 22, 2004
Page 13
Page 15
1 family?
2 A. Do you want to repeat your question?
3 Q. Certainly. Did you see anything that was
4 unusual about this particular family in terms of
5 the relationships between Steve and the kids?
6 A. No.
7 Q. I know a little bit about a transfer that
8 -- or actually a sale that Steve, the dad, made to
9 Steve, the son, in, I think, the mid 1980s. Were
1 o you aware of that or not?
11 A. I wasn't aware of that until maybe the
12 last five, ten years. So, no, not while Steve was
13 alive.
14 Q. So that was a situation that Steve, the
15 son, and Steve, the dad, just handled and then at
16 some point later it came out that they bad made
17 that transaction?
18 A. Yes.
19 Q. Were you aware of any other transactions
20 that Steve, the son, wanted to purchase in terms of
21 the land near Hensler?
22 A. No. The only transaction I was aware of
23 is a bunch -- not a bunch --
1
several thousand acres
24 came up for sale that Steve, the father, had been
25 renting and farming, and my understanding is he had
Page 14
1 offered that to Dennis and Stevie to farm, and at
2 that point they declined to do that, and Steve felt
3 he was not wanting to take on additional debt.
4 Q. Steve, the dad, or Steve, the son?
5 A. The dad.
6 Q. Okay. So if I understand that, that was
7 not land that Steve, the dad, owned; he was simply
8 farming it at that time?
9 A. Coriect.
10 Q. And it sounqs like he had an opportunity
11 or there was an opportunity to purchase that land,
12 Steve, the father, didn't want to take on that
13 financial responsibility, and so at least there was
14 an opportunity for Steve, the son, and Dennis to
15 purchase that land; is that right?
16 A. Correct.
17 Q. Okay. But in terms of any other purchases
18 that you're aware of, you aren't --
19 A. No.
20 Q. Okay. You don't know anything about
21 Steve, the son's intent or hope to purchase any
22 more land from Steve, the dad?
23 A. No.
24 Q. When Steve died in 1988, did you receive
25 any of the probate documents?
1 A. I don't recall.
2 Q. Do you recall seeing anything relating to
3 the probate proceeding, whether it was any letters
4 from attorneys or legal documents, anything Eke
5 that?
6 A. During the January, February, March I
7 spent -- it was during a legislative session so I
8 was here in Bismarck, and so I spent -- several
9 nights I would go up and stay in Hensler with
10 Margaret, and, you know, I'm sure that there were
11 -- I don't recall any documents that she
12 specifically had questions on, but I did spend
13 quite a bit of time with her then. And, you know,
14 I mean, her -- her interest at that point was
15 really continuing on the cattle operation, the
16 farming operation, as that's what she felt Steve
17 would want her to do, and, you know, it was a
18 pretty tough time for her. I think the first two
19 years they -- her and her hired man farmed all the
20 land, ran the cattle, really did everything with
21 very little help.
22 Q. Did you talk to Margaret about the probate
23 process and when that was going to
1
take place or
24 how that was going to work?
25 A. No, not that I recall.
1 Q. Do you recall talking at all about what
2 the plan was at that time in terms of the land,
3 first of all?
4 MR. BROWN: objection to the form of the
5 question. When you say "the plan," it implies
Page 16
6 there was a plan. It might have been somebody's
7 plan.
8 Q. (MR. DUNN CONTINUING) I'll rephrase.
9 After Steve's death, Margaret had to figure out
10 what she was going to do next; is that a fair
11 statement?
12 A. Yes.
13 Q. Did she talk to you about what her plan
14 would be after Steve had died?
15 A. Again, I think, A, she was taking advice
16 from her attorney in settEng the estate. I don't
17 recall her ever asking me about questions with that
18 that she didn't know what needed to be done. As
19 far as long-term, again, I think her desire was to
20 keep things the same and keep the farm intact,
21 continue to farm, continue to run the cattle.
22 Q. When you say "continue to keep the farm
23 intact," what do you mean by that?
24 A. As a single operating unit.
25 Q. In other words, not to sell off or give
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Rick Berg Condenselt
July 22, 2004
. Page 17
Page 19
I
1 away any of the land, itself, at that time?
2 A. I think maybe a better -- I know she had
3 gotten advice that when a spouse dies that you've
4 spent 30 years with, the best thing to do is not to
5 do anything for a year or two and then make
6 decisions, and so I think that's-- again, her
7 mental state was one of great loss and grieving and
8 her focus was, I think, to try and keep things the
9 same.
10 Q. And so my understanding is that she did
11 hire someone to help her with the cattle
12 and at least keep that going for a while; is that
13 true?
14 A. Yes.
15 Q. Do you know the last year that Margaret
16 had a hired man or hired men on the farm?
17 A. I don't recall.
18 Q. Do you recall whether it was a couple of
19 years she had it, a hired man, or was it longer
20 than that?
21 A. I don't recall.
22 Q. Do you recall whether she had a hired man
23 up until the time that Jim J--orenz got involved in
24 the cattle operation?
25 A. Yes. I guess really from the farming
Page 18
1 versus the cattle, I think she operated the farming
2 operation for two to four years after Steve's death
3 and then leased out the cropland.
4 Q. When you say she farmed for those first
5 three or fours years, how did she go about doing
6 that? Did she actually get in the tractor and
7 plant and harvest, or did she have someone else do
8 that or crop share?
9 A. She had full responsibility for the
1 o operation. She had hired men that did, I would
11 say, the bulk of the manual labor.
12 Q. And that would include both the farming
13 operation and the cattle operation?
14 A. Yes. As well as Tracy and I were very
15 involved in helping, and Deb was also involved, I
16 believe.
17 Q. How about Dennis, Stevie or Sheila?
18 A. No.
19 Q. Do you recall any conversations in the
20 first, I'll say, six to nine months after Steve
21 died about what to do with the land, whether it
22 should be placed in a trust or anything like that?
23 A. I don't recall.
24 Q.- Did Margaret ever talk to you about
25 placing the land in a trust?
1 A. I don't recall.
2 Q. Do you recall overhearing Margaret talking
3 to Tracy's brothers and sisters about putting the
4 land in a trust?
5 A. No.
6 Q. Have you ever discussed-- strike that.
7 Prior to this lawsuit coming about, did
8 you ever discuss with Margaret the contents of any
9 of her wills?
10 A. No.
11 Q. And as you probably know from the lawsuit
) ,
12 there are a number of them. There's a 1973 will a
'
13 1985 will, 1989 will, 1995 will, and then, finally,
14 a 2003 will. So just blanket statement, has she
15 talked to you about the contents of those wills?
16 A. Prior to the lawsuit, no.
17 Q. How about after the lawsuit?
18 A. I guess after the lawsuit, I certainly
19 recommended that she have counsel, have someone
20 help her. As I think when Tracy and I put our
21 wills together, that was the time that, you know, I
22 certainly encouraged Tracy to have her mom make
23 sure that she -- ev!1rything was the way she wanted
24 it to be. '
25 Q. And I think Tracy's testimony was that
Page 20
1 that was -- the first conversation with Bob
2 Rosenvold was somewhere around the year 2002, and
3 then Margaret came back sometime in the fall of
4 2003 to kind of finalize the will. Does that match
5 up with your recollection?
6 A. I don't recall the dates.
7 Q. You and Tracy did your will through Bob
8 Rosenvold; is that right?
9 A. Yes.
10 Q. Tell me about that process at least in
11 your family. How did that work that you decided to
12 go get a will and the circumstances behind that?
13 A. Through just prudent estate planning and
14 knowing that it's something that should be done and
15 should be done correctly and something that both
16 Tracy and I were very clear on what we want it to
17 be was to have that.
18 Q. Did you and Tracy talk about what your
19 expectations were in terms of the wills that you
20 would draw?
21 A. Yes.
22 Q. Did you develop some type of understanding
23 or agreement about what should be in the wills?
24 A. Yes.
25 Q. And is that what actually showed up in the
Page 17 - Page 20
Rick Berg Condenselt
July 22, 2004
, Page 21
) Page 23'
1 wills once you finally got down to signing them?
2 A Yes.
3 Q. Did you visit with Margaret about those
4 same concepts in terms of deciding what the plan
5 was and then telling the attorney --
6 A No--
7 Q. -- about it?
8 A -- I did not.
9 Q. Do you know if anyone talked to Margaret
10 about what the plan was in terms of getting a will?
11 A I can't say. ,
12 Q. Is that something that Tracy helped
13 Margaret out with or not?
14 A I don't know.
15 Q. You simply weren't involved in that?
16 A Yeah.
17 Q. Have you reviewed any of the wills that
18 have been disclosed as part of this lawsuit?
19 A Yes.
20 Q. It's my understanding you hadn't seen
21 those before the lawsuit took place and so you
22 never talked to Margaret about those wills?
23 1 A WJV you restate the question?
24 Q. Certainly. It's my understanding the
25 first time that you actually saw those wills were
1 part of this lawsuit --
2 A Yes.
3 Q. -- is that right? And so you didn't have
4 an opportunity to talk to Margaret about those
5 wills prior to this lawsuit being filed?
6 A Correct.
7 Q. Have you attended any meetings that
8 Margaret had in order to discuss the contents of
9 her will?
10 A No. I was with Margaret when we initially
Page 22
11 met with Bob Rosenvold and maybe another occasion,
12 but basically the discussion on the specifics were
13 between her and Bob.
14 Q. Fair to say that you were not in the room
15 when Margaret and Steve talked to Orville Schulz
16 about their will back --
17 A No.
18 Q. --in 1973? Likewise, you weren't around
19 when Bruce Bair was drafting the wills for Margaret
20 and Steve?
21 A No.
22 Q. Didn't have any conversations or any
23 meetings with the Lindells about the wills --
24 A No.
25 Q . . -- is that a fair statement? So you have
1 no personal knowledge about what was discussed
2 there?
3 A No.
4 Q. The only meeting that you did attend,
5 maybe one or two meetings with Bob Rosenvold, and
6 would it be fair to say that those were just kind
7 of get-to-know-each-other-type meetings where you
8 introduced Margaret to Bob and just generally
9 listened to --
10 A Yes.
11 Q. -- to what they were, talking about?
12 A. Yes.
13 Q. Do you recall any specifics in terms of
14 discussion between Bob Rosenvold and Margaret?
15 A No.
16 Q. Do you know when those conversations took
17 place?
18 A No.
19 Q. Were you around when Margaret actually
20 signed her 'vill sometime L'l the fall of 2003?
21 A No. Was I there?
22 Q. Yeah.
23 >A No.
1
24 Q. Have you seen a copy of that 2003 will?
25 A No.
1 Q. The Martin family has, I think, four
2 different homes out in the Highland Park area
3 within a very small area. I'm just trying to get a
4 sense of how often you would see some of those
5 people, like Dennis, Tom, Brian, before this
Page 24
6 lawsuit was filed. Would you see them on a regular
7 basis and talk to them, or was it not a situation
8 where you would get together very often?
9 A I would say very sporadic.
10 Q. Can you give me an idea whether it was
11 once a month or twice a month or less than that?
12 A. Twice a month.
13 Q. what type of events would you guys get
14 together at?
15 A. Child birthday party.
16 Q. Typical family events, again, weddings,
17 funerals, birthdays, things like that?
18 A. Yes.
19 Q. Is that true for the past ten years or so
20 that you would see the family members maybe once a
21 month or so?
22 A. Again, I would say it's pretty hard to put
23 a regular basis on there. I would say that I
24 probably saw Tom or talked to Tom once every six
25 months, Dennis and Brian about the same.
Page 21 -Page 24
Rick Berg Condenselt Thl
July 22, 2004
, Page 25
, Page 27
1 Q. How about Stevie, how often would you talk
2 to Stevie?
3 A Again, in Hensler if there were -- or in
4 Washburn if one of his daughters had a birthday or
5 if there was people that were getting together for
6 some reason.
7 Q. How about Sheila?
8 A. Maybe once every other year.
9 Q. Sheila lives in the New Mexico area. As I
10 understand at least, there wasn't a whole lot of
11 travel back and forth between Sheila coming to the
12 Hensler area or you guys going down to New Mexico.
13 A. Yes.
14 Q. How about Deb? How often would you see
15 Deb?
16 A. Two times a month. One or two times a
17 month.
18 Q. Would Deb typically come to Fargo, or
19 would you guys see her somewhere else?
20 A. I would say either Deb would be coming to
21 Fargo or we would be going to Hensler.
22 Q. And when you would see her, how long of a
73 visit would that be? Would that be a half a day?
1
24 Would that be a weekend?
25 A. Generally it was a weekend.
1 Q. Friday, Saturday, Sunday?
2 A. Yes.
3 Q. I think I know a little bit about the
4 cattle operation from Tracy. Give me your
5 perspective on that. Has that been a good
6 experience, a bad experience, someihing that you
7 guys enjoy doing together?
8 A Yes.
9 Q. So--
Page 26
10 A. I grew up in western North Dakota. My dad
11 is a veterinarian. Tracy spent a lot of tinie
12 around cattle. We love working around cattle. We
13 love it, really enjoy during calving season, enjoy
14 taking care of sick animals. We enjoy -- I enjoy
15 fencing, I enjoy putting up hay. I mean, that's
16 kind of our vacation. We enjoy that very much.
17 And so--
18 Q. Do you plan on continuing to do that?
19 A Yes.
20 Q. Any plans to not work at Goldmark anymore
21 or change careers and simply move out to the
22 Hensler area and be a full-time rancher?
23 A No.
24 Q. Still going to maintain kind of the hobby-
25 type arrangement?
1 A Well, again, I think what makes it
2 enjoyable is being able to go out and spend time
3 there.
4 Q. Has Tracy expressed an interest in leaving
5 her practice and moving out west to the Hensler
6 area and becoming a full-time rancher?
7 A I think she has always since we've been
8 married would choose always western North Dakota.
9 Having said that, I don't think that she would ever
10 make that a full-time role.
11 Q. So as yap sit here today, you see for the
12 future at least continuing the life that you have,
13 both of you having --
14 A Yes.
15 Q. --work in Fargo, careers in Fargo, and
16 getting out to Hensler on a pretty regular basis to
17 the ranch area?
18 A Yes. And I think, you know, Tracy is--
19 feels very strong about her profession, family
20 practice and taking care of families and she's well
21 trained and experienced and she feels that that's
22 probably her highest and best use back to the
23 community, so I would always -- I would see Tracy
I '
24 long term being involved in medicine.
25 Q. Do you share Tracy's thought that the
Page 28
1 cattle operation is a hobby in terms of what your
2 regular careers are?
3 A. Yes.
4 Q. And I don't need to show you the exhibits
5 because I think you've seen them, but I believe
6 that the transfers from Margaret to you and Tracy
7 began in about 1994. Is that your recollection?
8 A. I don't recall the specific dates, but,
9 yes, if that's --
10 Q. And I think there are a total of about 11
11 of those transfers. Again, does that sound about
12 right?
13 A. And that's my understanding.
14 Q. Do you recall when you were first aware of
15 the transfers that were coming from Margaret to you
16 and Tracy?
17 A. Yes.
18 Q. Tell me when that was, a ballpark area.
19 A. When the deeds showed up in our mail.
20 Q. Tell me about that. Is that the first
21 that you had any knowledge about the transfer that
22 had been made?
23 A. Yes.
24 Q. And when you say a "deed," is that the
25 warranty deed or the quit claim deed?
Page 25 - Page 28
Rick Berg Condenselt rn
July 22, 2004
Page 29
Page 31
1 A. I believe it would be the warranty deed.
2 Q. Do you know how soon in time you received
3 that warranty deed in the mail as compared to when
4 it was actually signed by Margaret?
5 A. No.
6 Q. Had you or Tracy received any transfer of
7 land from Steve while he was alive?
8 A. No.
9 Q. Had you or Tracy received any transfers of
10 land from Margaret before roughly 1994?
'11 A. No. Again, I don't know the specifics,
12 but you're talking about these 11 transfers?
13 Q. Correct.
14 A. Any transfers before that, no.
15 Q. I'm just wondering if there was another
16 transfer that we're not aware of. As far as you
17 know, they started in 1994?
18 A. Not to my knowledge, no.
19 Q. So I sense that Margaret did not visit
20 with you about the transfers that she was planning
21 to make of land.
22 A. No.
23 Q. When you got the warranty deed in tpe
24 mail, tell me what happened next.
25 A. I talked to Tracy about them, and I think
1 or I discussing it at all before that.
2 Q. Do you know when the first time WAS that
3 you did talk to Margaret about the transfers?
4 A. No.
5 Q. I'm assuming it was after you got the
6 warranty deed in the mail, and I'm just wondering
7 if the next time you saw Margaret you guys had a
8 conversation about what this all meant.
9 A. I don't recall.
10 Q. Did you receive any letters from the
11 Lindells telling you what you should do with the
12 quit claim deed?
13 A. I'm assuming there was a cover letter.
14 Q. Did you actually sign the quit claim
15 deed--
16 A. Yes.
17 Q. -- and then send it back to Lindells?
18 A. Yes.
19 Q. Why did you do that?
20 A. Well, I did it because I think that's what
21 Tracy had -- or Margaret had wanted, and, you know,
22 I wanted to -- I mean, obviously I trust my wife
23 and, you know, the land is-- is --rwhen you're
24 married to someone who you love and t h ~ y -- I mean,
25 again, it wasn't even a question on whether I
Page 30
1 the quit claim deed was with them or shortly after 1 should or should not sign it. I mean, it was
Page 32
2 there, and I signed the quit claim deed and sent it
3 back to Lindells' office, I believe.
4 Q. What did you visit with Tracy about when
5 you guys got the warranty deed?
6 A. I don't recall the specifics. I'm
7 assuming I asked her, you know, about that, and
8 she, you know, indicated that her mom was making a
9 gift of some land and that's about the sum of it.
10 Q. Did you have a sense that Tracy knew that
I .
11 the transfer was coming, but it just hadn't arrived
12 yet?
13 A. I think she was relatively surprised, as
14 . well. I don't recall the specifics of that
15 discussion, but --
16 Q. So you guys ,didn't have any conversation
17 with Margaret before the transfers started in
18 roughly 1994?
19 A. No.
20 Q. At least you didn't have any conversation
21 with Margaret?
22 A. No. And I don't recall Tracy having a
23 discussion with her or-- again, I can't respond to
24 that. I mean, I don't-- I'm not aware of her and
25 :her mom discussing it, and I'm not aware of Tracy
2 obvious that this was land that was -- Tracy had
3 been involved with, and I wanted to make sure that
4 if something did happen to me or her, that that
5 would be clearly in her name.
6 Q. Did you ever have a conversation with
7 Margaret where Margaret said, Rick, this is what I
8 want you to do. I'm going to make these transfers
9 to you and Tracy, and then, Rick, I want you to do
1 o a quit claim to Tracy?
11 A. No.
12 Q. Never had that conversation at all?
13 A. Again, I believe in the cover letter it
14 explained what steps were to be done, and, again, I
15 assume that that was coming under Margaret's
16 direction, so I assumed that that was Margaret's
17 wishes.
18 Q. And that cover letter would have come from
19 the Lindell firm; is that right?
20 A. Correct.
21 Q. Have you seen anything in the Lindell file
22 related to a cover letter like that?
23 A. No.
24 Q. I thought I got the entire Lindell file
25 and I don't recall seeing something like that. I'm
Page 29 - Page 32
Rick Berg CondenseltTM
July 22, 2004
P a g ~ 33
Page. 35
1 just wondering if you saw it recently.
2 A. No.
3 Q. Do you have any records yourself about
4 letters you would get from the Lindell file
5 periodically related to these quit claim deeds?
6 A. No.
7 Q. Because over time there have been probably
8 11 quit claim deeds that the Lindell finn has
9 prepared for you. Was it the same routine every
1 o time, it would show up in the mail with the cover
11 letter and it would tell you what to do and then ,
12 you would sign the quit claim deed and send it back
13 to the Lindell finn?
14 A. Yes.
15 Q. Was there ever a time when you would be
16 sitting in the Lindell finn's office and they would
17 hand you a quit claim deed and then you would
18 simply sign it?
19 A. No.
20 Q. Was there ever a time where the Lindells
21 wouldn't even bother with a cover letter because
22 you had been through the routine so many times that
23 you knew what to do w:ith it?
1
24 A. Again, I don't recall. Again, I don't
25 recall what the cover letter would have said. I'm
1 just speculating that the cover letter said please
2 sign the quit claim and send it back to our office
3 for filing to make it public record, I assume.
4 Q. Do you know why Margaret has made those
5 transfers over the years in terms of undivided
6 interests in certain parcels or entire parcels?
7 A. No.
8 Q. Have you spoken to the Lindells about the
Page 34
9 method that Margaret is following related to these
10 transfers?
11 A. No.
12 Q. Have you ever had any conversations with
13 the Lindells about these particular transfers?
14 A. No.
15 Q. Have you had conversations with other
16 people besides Margaret about these transfers?
17 A. Not that I recall.
18 Q. Have you ever advised anyone about the
19 transfers that were being made from 1994?
20 A. I don't recall.
21 Q. And I'm talking about whether you told,
22 for instance --
23 A. I didn't tell-- go ahead.
24 Q. Whether you told Dennis, for example.
25 A. No. Again, I assume this was all public
1 record when it was filed in the courthouse and
2 anyone that wanted access to it could get access to
3 it. My understanding is that Stevie was aware of
4 it, and, again, no one had ever asked which -- you
5 know, for 15 years, 1 0 years, no one had ever
6 brought the subject up.
7 Q. Had you told any of the brothers and
8 sisters of Tracy's about these transfers?
9 A. No.
10 Q. And no one had asked you about them, is
11 that what I'm--
12 A. No. Correct.
13 Q. You mentioned that at least some of the
14 transfers were made public. Are you also aware
15 that there are little sticky notes that have been
16 on some of the deeds that say "do not publish"?
17 Have you seen that?
18 A. Yes.
19 Q. Do you know who instructed the newspaper
20 or the county recorder's office not to publish?
21 A. No.
22 Q. Did you make that instruction?
23 A. I don't recall. My, understanding is all
24 the deeds were filed, though, correctly -- or were
25 all filed.
1 Q. Okay.
2 A. Is that correct?
3 Q. I believe so, as well.
4 A. So they're all public record at the
5 courthouse.
6 Q. And I think. you're right. W'nat I'm
7 talking about is publication in any type of
8 newspaper or other type of public notice.
9 A. And I don't-- again, I don't recall
10 giving anyone any advice on those lines. Having
11 said that, in my business we deal with a lot of
Page 36
12 real estate transactions and any client that would
13 ask me, I would advise them not to publish their --
14 if they don't need to. And once it becomes filed,
15 then it's public record for everyone to have, but
16 that would be my advice to the clients. But I
17 don't recall saying anything to Margaret.
18 Q. Did Tracy say anything about not
19 publishing these particular transfers?
20 A. No.
21 Q. And I won't go through all the warranty
22 deeds and the quit claim deeds, but just so we're
23 clear here, you didn't tell Dennis, Sheila, Deb,
24 Stevie, Diane about the transfers that were being
25 made from Margaret to you and Tracy?
Page 33- Page 36
Rick Berg Condenselt 1M
July 22, 2004
Page 37
Page.39
1 replacement heifers, and -- but they were all 1 A. Didn't ask and I didn't tell them.
2 Q. And, likewise, you didn't tell Dennis,
3 Stevie, Deb, Sheila, Diane about the quit claim
4 deeds that you made to Tracy?
5 A. They didn't ask and I didn't tell them.
6 Q. There were two quit claim deeds that were
7 prepared in December of 2003 and January of 2004
8 that have not been signed. I think I saw those in
9 the Lindell file, but I'm not sure. Why weren't
10 those last two quit claim deeds signed?
11 A. I don't believe I received them.
12 Q. If you would have received them, was it
13 your intent at least to continue the pattern of
14 just signing those and sending them back to the
15 Lindell finn?
16 A. Yes.
17 Q. But for whatever reason, they just didn't
18 make it to your house so that you could sign those
19 and turn them back?
20 A Correct. And if they had been sent, I'm
21 -- again, it may have been misplaced, but it would
22 be my intention to sign them.
23 Q: You wpuld have no reason not to follow the
24 practice --
25 A No.
2 purchased, so I don't recall any gifts of cattle.
3 Q. So as far as you know, any transfers back
4 and forth of cattle between Margaret and Tracy were
5 for some type of purchase price?
6 A Correct.
7 Q. Did you get a sense whether it was fair
8 market value or below fair market value?
9 A. Except -- except Bud. Except Bud.
10 Q. Okay. And that was the first, I think--
11 A. That was a bottle-fed s ~ e e r .
12 Q. Okay.
13 A He's still wandering around the farm.
14 He's about 10 years old and 2,000 pounds. We
15 received zero income off of Bud in the last 1 0
16 years.
17 Q. Other than Bud, you're not aware of any
18 transfers that there hasn't been some type of
19 payment between Tracy and Margaret?
20 A. Correct.
21 Q. How about any type of machinery or
22 equipment, are you aware of any transfers between
23 Margaret a n ~ either Tracy, you or Jack?
24 A No.
25 Q. I'm thinking of tractors, trailers,
Page 38
Page 40
1 Q. -- that you did before? And this lawsuit
2 has not changed that plan or that arrangement that
3 you've had in the past?
4 A Correct.
5 Q. Did you ever discuss with Margaret how
6 these transfers of land may affect Tracy's brothers
7 and sisters?
8 A No.
9 Q. Was there any conversation that you had
10 with Margaret about these transfers over the last
11 ten years?
12 A I don't recall.
13 Q. No conversation about, are these going to
14 continue, anything like that?
15 A. Again, those were discussions that
16 Margaret and Tracy may have had, may not, I don't
17 know; but, no, I wasn't concerned.
18 Q. And those conversations, if they occurred,
19 didn't take place in front of you?
20 A I don't recall, no.
21 Q. Has Margaret ever transferred any cattle
22 to you or Tracy or Jack?
23 A. Again, the cattle transfers are really
24 between Tracy and Margaret. My understanding is
25 that Tracy would purchase cattle from Margaret and
1 trucks, anything like that.
2 A When Margaret leased out her cropland, I
3 believe she had an auction and sold her farming
4 equipment, and then I think Tracy and Margaret
5 tried to keep a balance of who owns the equipment
6 based on the number of cattle, and several years
7 ago Tracy really was buying all the equipment. So
8 there was really no gift. There may have been a
9 sharing -- there may be a sharing of equipment
1 o based on their arrangement with the cattle.
' 11 Q. Do you know what pieces of equipment might
1
12 fall within that sharing arrangement?
13 A. Well, it would really be two categories.
14 There would be a category of equipment that
15 Margaret originally purchased and there would be a
16 category of equipment that Tracy has purchased, and
17 so Tracy is sharing with Margaret the equipment
18 that she purchased and Margaret is sharing with
19 Tracy the equipment that she purchased, and I would
20 say that the equipment that Tracy -- or that
21 Margaret had purchased that is in current use may
22 represent $20,000. The equipment that Tracy owns
23 and she shares with Margaret is in excess of
24 150,000.
25 Q. Can you tell me what pieces of machinery
Page 37- Page 40
Rick Berg
Condenselt
July 22, 2004
'
Page 41
Page 43
1 that you're thinking of when you talk about
2 Margaret's equipment?
3 A A tractor.
4
5
6
7
8
9
10
11
12
13
Q. Is that a Case tractor?
A Yes.
Q. Anything else?
A A hay trailer.
Q. Do you know what brand that is?
A Hm-mmm. No. Two old pickups.
Q. Do you know what years those pickups are?
A No. They wop.ld be 15 to 20 years old.
Q. Do you know what brand or model they are?
A GMC and a Ford.
14 Q. But from your understanding at least, most
15 of Margaret's equipment was sold as part of an
16 auction when she started to get out of the farming
17 operation?
18 A Correct.
19 Q. And whatever leftovers there have been in
20 tenns of Margaret's equipment, that's being shared
21 now with Tracy?
22 A Yes.
1
23 9 And then Tracy also shares her equipment
24 with Margaret?
25 A Yes.
1 conversations that you h1we had with Tracy's
2 brothers and sisters since November of 2003.
3 A. Talked with Tom, I guess probably would
4 have been pretty close to that time in November.
5 Tom came over to our house very concerned that they
6 couldn't hunt and that that was going to be a real
7 problem.
8 Q. Tell me about that conversation, at least
9 as best you can remember.
10 A I just remember it was late at night, we
11 were getting ready to put Jack to bed, and Tom came
12 over, and I think it ~ a s primarily Tom was talking
13 to Tracy, but just that they were all planning on
14 going out hunting and there was a problem because
15 Jim had cattle where they wanted to hunt. That's
16 the gist of what I understood.
17 Q. Do you know how that was resolved? In
18 other words, was Tom allowed to hunt, or was it
19 decided that that was not a good idea?
20 A. I think-- I don't know if it was
21 resolved. I mean, the agreement that we have with
22 Jim is, you know -- I think Tracy explained that to
1
23 Tom, and my understanding -- again, my
24 understanding is that Tracy had talked to Dennis
25 and Dennis just had a very short conversation with
Page 42
Page 44
1 Q. Do Margaret and Tracy have any type of
2 lease arrangement for the cattle at this point?
3 A With Jim Lorenz?
4 Q. Between each other.
5 A No.
6 Q. So there is no cattle that Tracy and
7 Margaret share together; is that a fair statement?
8 A Maybe you could restate the question.
9 Q. Certainly. My understanding at least is
10 that Margaret has her herd that she leases with Jim
11 Lorenz and then Tracy has a separate herd that she
12 has that is leased with Jim Lorenz.
13 A Yes.
14 Q. Is that right?
15 A Correct.
16 Q. So I'm just wondering if Tracy and
17 Margaret have any leasing arrangement together in
18 tenns of the cattle.
19 A No.
20 Q. Has Margaret given you, Tracy or Jack any
21 cash type of gifts? And I'm not talking about
22 birthdays or pretty nominal stuff.
23 A No.
24 Q. As you know, this situation kind of blew.
25 up in November of 2003. Tell me, if you can, what
1 Tracy and said that he was too angry to talk to
2 her.
3 Q. Have you had any conversations with Dennis
4 since November of 2003?
5 A I don't recall.
6 Q. And going back to the conversation that
7 Tracy had with Tom at your house about hunting, do
8 you remember anything else about that conversation?
9 A No. And then Tom did come to my office in
10 January-- early January and brought back the
11 Christmas gifts that Tracy and I had for him and
12 his family and Brian and Brian's family and Dennis
13 and Jean. So he came to our office and brought all
14 the Christmas gifts back.
15 Q. Tell me about that conversation. Was that
16 a short conversation or a long conversation?
17 A Relatively short. I don't think we sat
18 down.
19 Q. Do you recall what Tom said to you at that
20 time?
21 A. You know, I don't recall the specifics,
22 but basically saying that they can't accept these
23 gifts.
24 Q. Anything else that Tom said that you can
25 remember?
Page 41 -Page 44
Rick Berg Condenselt TM
July 22, 2004 .
Page 45 , Page 47'
1 A. I don't recall the specifics. 1 things, and my discussion with Deb would have been
2 Q. Do you remember anything that you said to 2 very minimal -- minimal, cordial, but I had really
3 Tom at that time? 3 wanted Deb and Tracy to talk.
4 A. You know, again, I don't recall 4 Q. Did you have any conversations about the
5 specifically what I told him. I mean, obviously at 5 transfer of land or what was going on within the
6 that point I was, again, hoping that whatever the 6 family at that time?
7 issues were, they could be sorted out and 7 A. Yeah, I don't recall.
8 rectified, so I probably encouraged a civil 8 Q. Did you have any conversations over the
9 discussion. 9 telephone with Deb in between this November 2003
10 Q. Do you remember whether this conversation 10 time frame and the meeting at the Northtown Grill?
11 With Tom was before or after you had a meeting at 11 , A. Don't recall, no.
12 the Northtown Grill? 12 Q. Let's switch gears then and go to that
13 A. It would have been after. 13 meeting at the Northtown Grill. Tell me what you
14 Q. After. Okay. Do you recall telling Tom 14 remember about it.
15 that what should happen is just the land should be 15 A. I don't remember the specifics that were
16 split equally among the brothers and sisters? 16 said, but basically the gist of it was Deb and
17 A. I think -- I think -- no. Tom may have -- 17 Sheila wanted Tracy to convince her mom to do
18 in fact, now that you do mention it, I think Tom 18 something different than what her mom wanted,
19 was very adamant that everything should be divided 19 and--
20 up equally regardless of what the situation was. 20 Q. Did they -- I'm sorry.
21 And, again, I'm not sure if that comes from 21 A. No.
22 different inheritance that he has received or 22 Q. Did they explain their rationale for that,
23 Dennis has received or where that carrie from., And I 23 for making that pitch to Tracy?
1
24 probably just told him I understood where he's 24 A. The only thing I recall is she was saying
1
25 coming from, may not disagree with that. Again, my 25 that there was some sweetheart will, that things
Page 46
1 objective was not to have a situation blow up in my
2 office in the middle of the afternoon, but to,
3 again, try and understand where Tom was coming from
4 or Dennis or Sheila or Deb.
5 Q. So if I understand that, your recollection
6 is that Tom made a statement, the gist of it being
7 the land just should be split equally and at that
8 time you did not disagree with that?
9 A. That -- again, I don't recall the
10 specifics, but Tom probably .may have had that
!
11 perception.
1 were done inappropriately.
2 Q. Do you recall anything else that Sheila
3 may have said at that time?
4 A. Again, just kind of threatening that this
5 will get ugly, get attorneys involved.
6 Q. Anything else 1!"'1at you can remember?
7 A. I don't recall the specifics.
8 Q. Do you recall Deb saying anything during
9 this meeting?
10 A. I know Deb was emotional. I think-- I
11 think Deb Is interest was -- was really trying to
Page 48
12 Q. Do you recall anything else about that
13 conversation that you had with Tom?
14 A. No, not at this time.
12 get people together. Maybe-- maybe that would be
13 my take on it as Sheila was very concerned about
14 the dollars or the land or how things were done
15 Q. Have you had any conversations with Sheila
16 other than the meeting at the Northtown Grill--
17 A. No.
18 Q. --since November of 2003? How about Deb?
19 A. Yes.
20 Q. Tell me about your conversations with
21 Deb.
22 A. The -- after we met with her and Sheila, I
23 had -- well, we had went to Alexandria for a
24 weekend and I had hoped that that would create an
25 opportunity to discuss and try and understand
15 and, you know, Deb was concerned about the
16 relationships.
17 Q. Did there seem to be a person that spoke
18 more during this meeting, or was it --
19 A. Sheila.
20 Q. Sheila did. And, again, tell me what she
21 was saying.
22 A. I think it was a continuation of
23 discussions that her and Tracy had, again, just
24 thinking that-- she's had a different perspective
25 on what should be done.
Page 45 - Page 48
Rick Berg Condenselt
Page 49
July 22, 2004
Page 51
1 Q. Sheila --
2 A. Sheila.
3 Q. -- had a different one than what Tracy or
4 what Margaret had done?
5 A. No. She had a different perspective of
6 what was done versus what Margaret had done, which,
7 again, I was -- I have been surprised by this whole
8 thing.
9 Q. Why are you surprised by it?
10 A. Well, it-- the most important things in
11 life aren't things, and apparently that for some
12 reason has become-- again, I'm just surprised.
13 I'm surprised how important this has become.
14 Q. Are you surprised by the reaction that
15 Tracy's brothers and sisters have had--
16 A. Absolutely.
17 Q. -- since finding out about the transfers?
18 A. Yeah. It surprises me because for 15
19 years nothing would be held back from them. I
20 mean, my understanding is the first time Dennis
21 asked to buy the land, Margaret told him that she
22 transferred it. So if there were this concern over
23 the land
1
someone could have easily checked county
24 records. I was just very surprised that there was
25 the reaction that there was, and so I think that --
Page 50
1 I think there's emotional issues that go way back
2 for everyone, and so --
3 Q. What type of emotional issues?
4 A. Well, just-- l'mjust saying I'm
5 surprised that there is the issue before us and so
6 I'm assuming there' s other issues that people have.
7 Q. Do you know what some of those issues may
8 be?
9 A. I don't know any specifics. I mean,
10 again, I had no relationship with Tracy's brothers
11 and sisters really other than Deb, but -- so -- I
12 Q. And I'm just trying to get a better handle
13 on why you're surprised that this has kind of blown
14 up. Can you articulate any reasons for that
15 surprise?
16 A. Well, I'm surprised because I think anyone
17 who's been aware of what's been going on out there,
18 Tracy's and my involvement, we've been obviously
19 investing in cattle and equipment and improving the
20 land and doing those things that-- again, we've
21 tried to operate it as a unitfor 15 years, why it
22 should be a surprise that-- you know, what we're
23 doing.
24 Q. When you say "what we're doing," what do
25 you mean?
1 A. Well, a surprise -- well, i'f anyone had
2 any questions or real concern about the land or
3 Margaret's interest or what's going on, it
4 surprised me that that has not been discussed prior
5 to not being able to hunt in November, so-- again,
6 I'm surprised that this is a --I should step
7 back. I was surprised in November that this was as
8 big an issue as it was.
9 Q. Is it your understanding that what kind of
10 brought this all on was the fact that Dennis or
11 Brian or Tom could not hunt on the land?
12 A. Again, the only I can make is,
13 you know, this has been -- as it relates to the
14 specific land transfer, every transfer public
15 record since whatever, '94. Obviously Stevie was
16 aware of it. I'm assuming from a banking
17 standpoint they get transactions daily on deeds
18 that transfer, mortgages and everything else, and
19 my understanding is Dennis was aware of it too
' '
20 and, again -- so what's the difference between a
21 year ago or two years. ago and today appears to be
22 when November carne and unable to hunt. And, again,
23 :tnY understanding is -- so the only thing I can say
24 is it appears that that was a big issue.
25 Q. Do you know when Dennis apparently found
1 out about some of these transfers?
2 A. No.
3 Q. Do you know when Stevie found out about
4 some of these transfers?
5 A. No.
6 Q. So you're speculating a little bit in
7 terms of although the information was public, it
8 was out there, whether Dennis or Stevie actually
9 saw the transfers that are being made?
10 A. Yes.
11 Q. Have you had any conversations with
12 Margaret since the lawsuit has been filed about
13 what her plan is for the land in the future?
14 A. No.
15 Q. I need to go back for just a little bit to
16 the Northtown Grill meeting. Was that a cordial
17 meeting?
18 A. Yes.
19 Q. It was a cordial meeting?
20 A. I think it was tense, but cordial.
21 Q. No one was swearing at each other, were
22 they?
23 A. No.
24 Q. It was people were on edge, but, again,
25 maintained their decorum and their civility; is
Page 52
Page 49 -Page 52
Rick Berg Condenselt TM
Page 53
July 22, 2004 .
Page 55
1 that a fair statement?
2 A Yes.
3
Q. On your side of the table, meaning you and
4 Tracy, who was the person that talked the most?
5 A. I don't recall.
6 Q. Tell me what you recall Tracy saying
7 during this meeting.
8
9
A. Again, I don't recall what she said.
Q. Do you recall anything that you said
10 during the meeting?
11 A. No.
12 Q. You have no recollection of what response
13 that you had to Sheila saying, this is the way it
14 should be done?
15 A. I think, again, the gist of it was, you
16 know, Sheila wanting Margaret to do something
17 different and Sheila suggesting that there was a --
18 something illegal may have been done with the
19 wills, and, you know, again, the conclusion was
20 that if that's the way she felt, I got the
21 impression that she would want to have attorneys
22 involved, which, you know, from my position I would
23 welcome that. I mran, if there's something that's
24 been done that's wrong or illegal, we need to
25 determine that, so --
Page 54
1 Q. Because there's been testimony, I think,
2 by Tracy that the response from her was, "Bring it
3 on." And I'm just trying to figure out the context
4 of that.
5 A Yeah.
6 Q. Do you remember that statement being said?
7 A. Well, again, I would say -- I don't recall
8 that specifically, but I would say that, yes, if--
9 if Sheila says there's something that's illegal
1 o that's done here, let's get it resolved. Let's not
11 l ~ t this hang over everyone. Let's bring it
12 forward, bring it on, let's resolve it, and if in
13 fact something illegal has been done, then let's
14 correct it, and if nothing illegal has been done,
15 then accept it.
16 Q. And is that your position at this point,
17 as well?
18 A. I'm mean, I'm looking forward to, yeah,
19 this -- the resolution of this.
20 Q. Resolution in the sense that trial and get
21 it figured out by a jury or a judge?
22 A. Whatever method to -- to clearly determine
23 whether or not something illegal was done or not.
24 Q. Did you have any transfers -- strike that.
1 the dad, about transfers prior to his death?
2 A. No.
3 Q. Do you believe that Steve would have
4 approved of the transfers that have been made over
5 the past ten years? .
6 A. I don't know.
7 Q. You're just not close enough to him to
8 figure that out or form an opinion about that?
9 A. I don't know.
10 Q. Do you believe that things would have been
11 different if Steve would have lived another ten
l
12 years?
13 A. Well, there would be no lawsuit.
14 Q. Do you recall making a statement like
15 that?
16 A I don't know. You know, from what I know
17 of Tracy's dad, I mean, he was very-- I mean, a
18 person that had started with very little, worked
19 hard his whole life, he made decisions, and I think
20 his decisions were very black and white. So,
21 again, if I made that statement, I certainly --
22 yeah, I guess I would.
23 Q. How ?'ould they be different if Steve would
24 have lived another ten years?
25 A Well, if Steve and-- well, if Steve and
1 Margaret were alive today and the children felt
2 entitled to different things in the land, they
Page 56
3 could take it up with Steve and Margaret together,
4 so we wouldn't have the lawsuit.
5 Q. Do you believe that Tracy is entitled to
6 all of the land?
7 MR. BROWN: objection, irrelevant, no
8 foundation. Answer it, if you can.
9 THE WITNESS: I don't think it's about
10 entitlement, so I don't think Tracy is entitled to
11 any land.
12 Q. (MR. DUNN CONTINUING) So whatever
13 Margaret decides, that's what the family should
14 live with; is that a fair statement?
15 A Yes.
16 Q. Even if it may go against Steve, the dad's
17 wishes?
18 MR. BROWN: Well, objection, no
19 foundation.
20 THE WITNESS: I think Steve's wishes were
21 for Margaret to continue on the farming and cattle
22 operation, and, you know, she did that for many
23 years. So I think -- again, I don't know what
24 Steve's wishes were.
25 Did you have any discussions with Steve, 25 Q. (MR. DUNN CONTINUING) He never
Page 53 -Page 56
..
Rick Berg
Condenselt
1 communicated that to you?
2 A. No.
3 MR. DUNN: All right. That's all the
4 questions I have. Thanks.
5 MR. BROWN: I have no questions. Rick,
Page 57
6 you can read and sign your deposition if you want.
7 THE WITNESS: Okay.
8 (Concluded at 11:13 a.m., the same day.)
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1
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3
CERTIFICATE OF DEPONENT
4 I, RICK BERG, the deponent in the
5 foregoing deposition,
6
DO HEREBY CERT.!Fr that I have read the
7 foregoing and attached 57 typewritten pages, and
8 that the same are, with changes or corrections, if
9 any, set forth on the following correction sheets
10 (setting forth the reason assigned for each change
11 or correction, and du1y signed by me); a full,
12 true, accurate and correct transcript of my
13 deposition on oral examination given at the time
14 and place therein indicated.
15 Dated this day of _____ ,
16 2004.
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RICK BERG
Page 58
1 CERTIFICATE OF COUltT REPORTER AND NOTARY PUBLIC
2 STATE OF NORTI! DAKOTA )
) ss.
3 COUNTY OF BURLEIGH )
4 BE IT KNOWN that I, Denise M. Andahl 11
Registered Professional Reporter, took the '
5 deposition herein pursuant to notice or agreement
that I was then and there a Nomry Public in and '
6 for said County and State; that I exercised the
power of that office in taking said deposition
7 that by virtue thereof, I was then and there '
authorized to administer an oath; that said
8 witocss, before testifying, was duly sworn to
testify the truth, the whole truth and nothing but
9 the truth relative to the cause specified therein;
I 0 That the said deposition, having been
transcribed, was subsequently submitted by me to
II the said witoess, who thereupon read the said
deposition and made changes or corrections if any
12 as appear noted therein, along with the r e ~ n for '
each thereof, and that the said deposition was
13 thereupon subscribed to by the said witness that
the examination was conducted at the time ~ d place
I 4 therein specified on behalf of the respective
parties as therein indicated; that the foregoing
15 and attached typewritten pages "'?ntain a full,
tr"Ue, accurwte and correct transcnpt of my
16 shorthand notes, as they purport to contain, then
and there taken;
17
That I am neither attorney or counsel for,
IS oor related to or employed by, any of the parties
to the action in which said deposition is taken
19 and, further, that I am oot a relative or employee
of any attorney or counsel employed by the parties
20 hereto or financially interested in the action.
21 WITNESS MY HA.'ID A.'ID SEAL this day of
22 ___ _. 2004. --
23
24
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Denise M. Andilhl
Court Reporter and Notary Public
My Commission expires: 12-26-04
Ju1y 22, 2004
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