Sheedy v. Willoughby

The opinion of the court was delivered by

Hoch, J.:

The executor of a decedent’s estate brought an action in the district court to partition real estate in which the testatrix held an undivided interest. He also asked for other relief, presently to be noted. The defendants were the heirs at law of the decedent. In their answer they also asked partition and certain other relief. Upon its own motion the district court dismissed the action for want of jurisdiction, and from that order the exécutor appeals. Appellees contend that exclusive jurisdiction was in the probate court where administration…