Montgomery v. Montgomery

SUBSTITUTE OPINION,

THE COURT’S PRIOR OPINION DATED MARCH 4, 2009 IS HEREBY WITHDRAWN

HORTON, Justice.

This case concerns the probate of the will of Jim Montgomery (Jim). Appellant Nancy Montgomery (Nancy) appeals the district court’s affirmance of the magistrate judge’s grant of partial summary judgment, in which the magistrate judge concluded that Nancy was not an omitted spouse under I.C. § 15-2-301. Nancy also appeals the district court’s affirmance of the magistrate judge’s dismissal of her consolidated creditor’s claim suit for untimely service of process. Finally, Nancy asks this Court to…