Keeven v. Wakley

DONALDSON, Chief Justice.

This is an appeal from an order of the magistrate court that (1) the appellant, Sylvester Keeven, was not an omitted spouse in his deceased wife’s will within the meaning of I.C. § 15-2-301 and (2) the decedent’s real property was her separate property. The district court dismissed Keeven’s appeal stating that it was not provided for by statute and that the magistrate’s order was not a final judgment. We reverse the district court’s dismissal of Keeven’s appeal and affirm the magistrate court’s order.

The facts of the case are as follows. Barbara VanLeuven was a widow…