Legal Opinion

Britain v. Britain (In re Estate of Britain)

Wyoming Supreme Court

Decided August 28, 2018No. S-17-0325PublishedCited by 15 opinions

1Opinion of the Court

KAUTZ, Justice.

[¶ 1] Appellant Robert Oscar Britain is the personal representative of his mother, Patricia Ann Britain's, estate. He filed a declaratory judgment claim challenging a codicil to Patricia's will on the grounds she did not have the capacity to execute the will codicil and his sister, Appellee Kelly L. Britain, exerted undue influence over her.1

[¶ 2] The district court dismissed Personal Representative Robert's claim, concluding that his challenges to the codicil could not be brought through a declaratory judgment action. We affirm.

ISSUE

[¶ 3] The dispositive issue in this case is:

W…

2Cases cited45 opinions

  1. Higgins v. State Farm Fire and Cas. Co.Supreme Court of Florida · 2004
  2. Rocky Mountain Oil and Gas Ass'n v. StateWyoming Supreme Court · 1982
  3. Herrig v. HerrigWyoming Supreme Court · 1992
  4. Rodriguez v. CaseyWyoming Supreme Court · 2002
  5. Harkins v. Crews, Texas Court of Appeals, 4th District (San Antonio)1995

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3Cited by15 opinions

  1. Delcon Partners LLC v. Wyoming Department of RevenueWyoming Supreme Court · 2019
  2. MH v. First Judicial District Court of Laramie County, Honorable Peter H. Froelicher presidingWyoming Supreme Court · 2020
  3. WyoLaw, LLC v. State of Wyoming, Office of the Attorney General, Consumer Protection UnitWyoming Supreme Court · 2021
  4. HB Family Limited Partnership, a Wyoming limited partnership Robbin D. Mommsen, Trustee of the Robbin D. Mommsen Trust dated May 29, 2002, as amended Reynolds Pomeroy, II and Bettie B. Pomeroy, Trustees of the Pomeroy Revocable Trust dated November 15, 2017, as amended Howard G. Hardeman and Elizabeth J. Hardeman, individually and as Trustees of the Elizabeth J. Hardeman Trust The Hardeman Revocable Trust dated March 15, 2016, as amended, by Scott Hardeman and Stephanie Hardeman, Trustees Gayle Hardeman Decker and David R. Decker Deborah J. Hardeman Christine M. Coleman, as Trustee of the Christine M. Coleman Wyoming QPRT II dated January 2011 William Murray and Michael N. Christodolou and Kathleen A. Christodolou v. Teton County Board of County Commissioners and Teton Raptor CenterWyoming Supreme Court · 2020
  5. Bruce Hayse, M.D. and Paul Cassidy v. Wyoming Board of Coroner StandardsWyoming Supreme Court · 2020

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