The North Dakota Supreme Court has modified a district court judgment in *Tischmak v. Theurer*, a property partition case involving family land in Grant County. The high court affirmed the lower court's decision but awarded plaintiff Bryan Tischmak an additional $2,417.20 in the settlement.

In an opinion authored by Justice Tufte, the court held that trust expenses should be excluded from Bryan Tischmak's share of property costs in the partition of family real estate. The case involved a dispute between Bryan Tischmak and the Tischmak Family Irrevocable Trust, established September 1, 2016, with Sondra F. Theurer and Allen R. Tischmak serving as co-trustees.

The property at the center of the dispute consists of extensive farmland in Grant County that the Tischmak family had owned for decades. The land includes multiple sections spanning two townships, comprising surface interests in Township 131 North, Range 84 West, and Township 132 North, Range 84 West of the 5th Principal Meridian.

The five Tischmak siblings—Janice, Kenneth, Allen, Bryan, and Sondra—were raised on this family land. The partition action arose from disagreements over the management and ownership structure of the property following the establishment of the family trust.

The Supreme Court's modification specifically addressed how trust-related expenses should be allocated in partition proceedings, establishing that such costs should not burden individual beneficiaries' shares when calculating final distributions. This ruling provides important guidance for future cases involving family trusts and property partitions in North Dakota.