Eich v. Estate of Layton

James C. Eich, plaintiff and appellant herein, appeals from an order entered by the District Court for Sarpy County on October 30, 1979, dismissing his claim previously filed against the estate of Harry H. Layton in the county court of Sarpy County, which claim was allowed by that court and from which order the personal representatives subsequently appealed to the District Court. We reverse and remand.

It appears from the record that Harry H. Layton, a resident of Sarpy County, died intestate on August 5, 1978. He was predeceased by his wife and left no surviving issue. Two of his cousins,…