Tuesday, October 24, 2017
Jennie Boulerice recently published an Article entitled, Case Note. Estate Law--Summary Distribution of Small Estates: In re Estate of Coborn, 17 Wyo. L. Rev. 59 (2017). Provided below is an abstract of the Article:
This case note argues that the Wyoming Supreme Court was correct in holding that Wyoming Statute § 2-1-205 authorized a district court to order summary distribution of real property located in other Wyoming counties based on the court's expository legislation reasoning and policy reasons. The background section begins with a brief overview of estate succession and an explanation and history of the relevant statute, Wyoming Statute § 2-1-205. Additionally, the background section discusses the legal theories that the Wyoming Supreme Court relied on to reach its conclusion. This section also offers a brief overview of relevant legal principles, such as split estates. The principle case section discusses the facts, procedural history, the court's reasoning, and the holding of In re Estate of Coborn. The analysis section explains why the court was correct in its holding with respect to the expository legislation reasoning and policy reasons. Finally, the case note explains a few likely implications of the court's decision for estate distribution in practice.