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MATTER OF ESTATE OF KEEVEN

No. 15615.

716 P.2d 1224 (1986)

110 Idaho 452

In the Matter of the ESTATE OF Barbara Louise Hurst KEEVEN, Deceased. Sylvester H. KEEVEN, Plaintiff-Counterdefendant, Appellant, v. Lila WAKLEY, Personal Representative, Defendant-Counterclaimant, Respondent.

Supreme Court of Idaho.

Rehearing Denied April 17, 1986.

Attorney(s) appearing for the Case

John B. Kugler, Pocatello, for plaintiff-counterdefendant, appellant.

DaLon Esplin, Pocatello, for defendant-counterclaimant, respondent.

DONALDSON, Chief Justice.

This is an appeal from an order of the magistrate court that (1) the appellant, Sylvester Keeven, was not an omitted spouse in his deceased wife's will within the meaning of I.C. § 15-2-301 and (2) the decedent's real property was her separate property. The district court dismissed Keeven's appeal stating that it was not provided for by statute and that the magistrate's order was not a final judgment. We reverse the district court's...

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