Trusts (and) Wills - Kentopp v. Kentopp and Eich v. Layton: A Clarification and Expansion of County Court Probate Jurisdiction
Maliha, Nikki Calvano
INTRODUCTION|During the survey period, the Nebraska Supreme Court decided two cases which illustrate the court's position in the area of probate jurisdiction, Kentopp v. Kentoppl and Eich v. Layton. The issue of appropriate jurisdiction in probate matters requiring equitable relief has had a problematic development in the Nebraska courts. A running conflict exists between the county court's exclusive probate jurisdiction and the district court's equity jurisdiction. The issue in Kentopp of whether the district court or the county court had jurisdiction to partition and sell a decedent's real estate was one of first impression in Nebraska since the state's adoption of the Probate Code and amended state constitution. Eich followed the precedent set by Kentopp in its determination of which court had jurisdiction over an oral contract claim filed against a decedent's estate. Kentopp and Eich were the first rulings on the issue of which court has probate jurisdiction following the 1970 amendments to the Nebraska Constitution and the 1974 adoption of the Nebraska Probate Code. The 1970 amendments eliminated the provisions which identified county court jurisdiction. The decisions reveal a shift from earlier trends in which the district court was held to have had jurisdiction over these issues...
15 Creighton L. Rev. 401 (1981-1982)
Creighton University School of Law