In re Estate of Abbott-OchsnerAnnotate this Case
The Supreme Court dismissed Appellant’s appeal from the county court’s order appointing a special administrator in this will contest, holding that the Court lacked jurisdiction over the appeal.
Two siblings filed a petition in the county court contesting the validity of Marcia G. Abbott-Ochsner’s will presented for informal probate by their brother, who had been appointed as the personal representative of the estate. The personal representative transferred the will contest to the district court. Afterward, the county court granted the siblings’ request to appoint a special administrator for the estate pursuant to Neb. Rev. Stat. 30-2425 pending resolution of the district court proceedings. The brother appealed, arguing that the county court lacked jurisdiction to appoint a special administrator because the case had been transferred to the district court. The Supreme Court dismissed the appeal, holding that the county court’s order did not affect with finality Appellant’s substantial rights, and therefore, the order appealed from was not a final order.