Hoff v. Armbruster

On Petition for Rehearing.

Mr. Justice Moore.

The case of Brothe v. Zaiss, 116 Colo. 472, 183 P. (2d) 561, while not cited in the briefs filed in this cause, is relied on in the briefs -presented in another action (Hoff v. Armbruster, 125 Colo. 323, 244 P. (2d) 1069, decided this date), involving a different phase of the dispute between these parties. The Brothe case is cited as authority for the proposition that the district court could not entertain the action for the reason that the county court had exclusive power to determine the validity of the alleged contract for mutual wills under its…