Erwin v. Erwin

The opinion of the court was delivered by

Wedell, J.:

This action involves primarily the jurisdiction of the probate court and of the district court, on appeal from the probate court, to order distribution of an estate in accordance with the terms of a family settlement made by all of the heirs, where decedent died intestate.

The appeal to this court is from the order of the district court overruling the demurrer of two heirs to the intervening petition of the widow filed in the district court after two heirs had appealed from the order of final settlement and distribution made by the probate…