Lyman v. Fisher
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The Supreme Court dismissed in part and reversed in part the orders of the probate court and district court in these probate and partition matters, holding that remand was required.
Dwight and Betty Lyman, as Trustees of their living trust (Lyman Trust), owned a parcel of property as tenants in common with George Fisher and another parcel in common with George's deceased parents. George sold his parents' interests in the two parcels to the Childs Trust. Lyman Trust filed a petition in the district court seeking to partition the parcels and filed a motion in the probate court seeking to set aside the sale. The probate court denied the motion, and the district court dismissed the partition petition without prejudice for failure to join Childs Trust as a required party. The Supreme Court (1) dismissed Lyman Trust's appeal of the probate court's actions, holding that Lyman Trust lacked standing in the Fisher probate action; and (2) reversed the district court's judgment dismissing Lyman Trust's partition action, holding that the court erred by dismissing the action rather than ordering the joinder of Childs Trust, and dismissal was not harmless.
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