Siefkin v. Siefkin

The opinion of the court was delivered by

Wedell, J.:

This was an action to obtain a declaratory judgment interpreting two sections of the new probate code. The question presented is whether an estate may be closed prior to the expiration of nine months after July 1,1939, the effective date of the new code, where the estate had been in the process of administration for over one year prior to July 1, 1939. The district court ruled it could be, and the executors appeal.

The trial court made the following findings of fact, which are not challenged:

“The court finds that D. R. Siefkin died testate, a…