Noble v. McNerney

I must respectfully dissent from the majority opinion. The probate court did not have subject matter jurisdiction to hear and determine an action brought by the estate to recover proceeds from the life insurance *609policy and the credit union account, allegedly obtained by Zella McNerney by undue influence.

The relevant statutes have been cited in the majority opinion but will be repeated here for ease of reading.

Appellant Noble, personal representative of the estate of William J. McNerney, deceased, bases her contention that the probate court had subject matter jurisdiction to hear the above…