Elsaesser v. GibsonAnnotate this Case
Cases consolidated for review by the Idaho Supreme Court were appeals of three separate judgments ejecting three non-beneficiary parties from the property of an estate. The personal representative of the Estate of Victoria H. Smith (“the Estate”) brought three separate ejectment actions against the Law Office of Vernon K. Smith, LLC, and Vernon K. Smith Law, PC (collectively “VK Law”); David R. Gibson; and Vernon K. Smith, III (“Vernon III”), after each party refused his demands to vacate their respectively occupied properties. None of the parties were beneficiaries of the Estate. The district courts granted partial judgment on the pleadings in favor of the personal representative in all three actions, entering separate judgments ejecting Gibson, Vernon III, and VK Law from the Estate’s properties. On appeal, Appellants raised numerous issues relating to the personal representative’s authority to eject them from the properties. Ford Elsaesser, the personal representative of the Estate, argued on appeal that the district courts did not err in granting partial judgment on the pleadings because he had sufficient power over Estate property to bring an ejectment action on the Estate’s behalf. Finding no reversible error, the Supreme Court affirmed the district court.