Matter of Estate of McGurrin

Without doubt the easiest course would be to quietly abide with the Court’s decision to deny the petition for review of the decision of the Court of Appeals; but to do so would be an abdication of the responsibility of this office. The petition should be granted, for a number of reasons, one of which is that the appeal, once it was taken to this Court, should not have been assigned to the Court of Appeals, being that it is a matter of first impression which as well involves the development of the law. I.A.R. 108. That it is so is readily observed on reading the opinion of the Court of…