Collins v. CollinsAnnotate this Case
Petitioners sought a statutory partition of a house and lot owned by Petitioners and Respondent. Respondent objected and brought her objections as a counterclaim in which Respondent requested a private sale of the property and alleged that she was entitled to money from her mother’s estate. The master’s final report issued finding that Respondent had not raised a cognizable defense or counterclaim regarding the statutory partition and that the court lacked jurisdiction over the probate issues. The Court of Chancery affirmed the report in all respects based upon its independent findings of fact and law, holding that the Master correctly recommended that Respondent’s claims be dismissed without prejudice for lack of jurisdiction.