In re Estate of Cooney
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The Supreme Court affirmed the judgment of the district court denying Daughters' motion to invalidate parts of Father's will in probate proceedings, holding that Daughters' claim was not properly brought in the probate proceedings.
When Father died his property was devised by will to Son. In the probate proceedings, Daughters moved to invalidate parts of the will, claiming that the will contravened a prior marital property settlement agreement between Father and his ex-wife. The district court denied the motion for lack of subject matter jurisdiction. The Supreme Court affirmed, holding that the district court did not err when it determined that it did not have subject matter jurisdiction to enforce the separation agreement while sitting in probate.
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