Estate of Jack Winford Weeks v. Weeks-RohnerAnnotate this Case
The Supreme Court affirmed the district court’s decision ruling generally in favor of Judy Weeks-Rohner in this quiet title action brought by the Estate of Jack Winford Weeks, holding that there was no error or abuse of discretion.
When Jack Weeks and Judy Weeks-Rohner divorced, the divorce decree directed that their jointly owned home would remain in Weeks’ possession, subject to a trust for their minor son. The trust, however, was never formed. After the son and then Weeks died, the Estate of Jack Weeks filed a quiet title action against Weeks-Rohner, asserting adverse possession of the property. Weeks-Rohner counterclaimed, requesting that the court enforce the divorce decree by quieting title to the property in the deceased son and/or his heirs. The district court ruled generally in favor of Weeks-Rohner. The Supreme Court affirmed, holding (1) the district court did not err in quieting title to the property in both parties with each owning an undivided one-half interest as tenants in common; (2) there was no error in the district court’s rejection of the Estate’s adverse possession claim; and (3) the court was within its inherent authority when it enforced its decree by ordering the parties to place the property in a trust for the deceased son.