In the Matter of the Estate of Edward Dale George

2003 WY 129, 77 P.3d 1219 (Wyo. 2003) · Supreme Court of Wyoming · October 15, 2003 · No. No. 03-16

Summary

The Supreme Court of Wyoming affirmed an order authorizing the personal representative to sell the decedent's undivided interest in Sheridan County real property to pay estate obligations. The court held that the district court did not abuse its discretion and that any improper venue would not deprive the court of subject-matter jurisdiction.

Holdings

  1. The district court did not abuse its discretion in authorizing the personal representative to sell the decedent's undivided one-tenth interest in real property because the estate had substantial obligations, insufficient liquid funds, and the sale was found to be in the best interests of the estate and its creditors.
  2. The Johnson County District Court had subject matter jurisdiction over the petition to sell estate property, and any alleged defect in probate venue did not deprive the court of jurisdiction or require reversal of the sale order.

Questions Presented

  1. Whether the district court abused its discretion by authorizing the personal representative to sell the decedent's interest in real property to pay estate obligations and for the best interests of the estate and its creditors.
  2. Whether the Johnson County District Court lacked subject matter jurisdiction, or was an improper venue, because the decedent allegedly resided and died in Sheridan County and the property was located there.

Disposition

affirmed

Cases Cited (27)

  • Hodgins v. State, 1 P.3d 1259, 1261 (Wyo. 2000)(followed)
  • Nimmo v. State, 607 P.2d 344, 348 (Wyo. 1980)(followed)
  • Young v. HAC, LLC, 2001 WY 50, ¶ 6, 24 P.3d 1142, 1144 (Wyo. 2001)(followed)
  • Carlton v. Carlton, 997 P.2d 1028, 1031 (Wyo. 2000)(followed)
  • Vaughn v. State, 962 P.2d 149, 151 (Wyo. 1998)(followed)
  • Erhart v. Evans, 2001 WY 79, ¶ 18, 30 P.3d 542, 547 (Wyo. 2001)(followed)
  • Wood v. Wood, 865 P.2d 616, 617-618 (Wyo. 1993)(followed)
  • Stadtfeld v. Stadtfeld, 920 P.2d 662, 664 (Wyo. 1996)(followed)
  • Matter of Manning's Estate, 646 P.2d 175, 176 (Wyo. 1982)(followed)
  • Smith v. Smith, 2003 WY 87, ¶ 11, 72 P.3d 1158, 1161 (Wyo. 2003)(followed)

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