Brinkman v. Brinkman

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The Supreme Court reversed the judgment of the district court construing the will at issue in this case and granting the decedent’s estate’s motion for summary judgment, holding that the county court had jurisdictional priority over the district court in construing the will in this matter. The decedent’s daughter sought a declaration of her rights under the decedent’s will as an alleged devisee. The estate asserted that the decedent disinherited the daughter in the will. The district court granted summary judgment for the estate, concluding that, under the clear and unambiguous terms of the will, Daughter was expressly disinherited by the will’s provisions. The Supreme Court reversed, holding (1) the county court and the district court had exercisable concurrent jurisdiction over the construction of this will; (2) the county court, as the first court to acquire jurisdiction, retained it to the exclusion of the district court; and (3) because the county court neither transferred the case nor otherwise relinquished its jurisdictional priority, the district court improperly impinged on the county court’s jurisdictional priority in construing the will. View "Brinkman v. Brinkman" on Justia Law