Matter of Estate of Harrington

It is difficult for me to understand the basis for affirming the trial court. Affirming the trial court leaves its judgment intact, yet the majority says that the court did not have jurisdiction to do what it did.

The majority suggests that the surviving spouse may pursue a quiet title action in the district court or ask that court to impose a “constructive” trust (technically, a resulting trust) for her benefit. I suppose it logically follows, according to the majority, that any title to property derived through a decree of distribution is untrustworthy and that proceedings in the district…