MARTIN v. THELMA V. GARRETT LIVING TRUST

Docket No. 48512.

506 P.3d 237 (2022)

Eleanor J. MARTIN, an individual; John A. Garrett, an individual, Jack L. Garrett, an individual; and Marilyn G. Rosenberger, an individual, Plaintiffs-Appellants, v. The THELMA V. GARRETT LIVING TRUST, an Idaho Trust; Cynthia A. Swartz, an individual; and James J. Swartz, an individual; and collectively husband and wife, and anyone else claiming an interest in the real property described as: The West 26 2/3 acres of land located in the Southwest quarter of the Southeast quarter (SW 1/4 of SE 1/4) Township 5 North, Range 2 West, Section 32, Boise Meridian, Canyon County, Idaho. Described more fully as follows: Commencing at the Southwest corner of Southeast quarter, Section 32, Township 5 North, Range 2 West, Canyon County, Idaho, 53 1/3 rods East, 80 rods North 53 1/3 rods West, 80 rods South, in the above described land, together with their appurtenances, Defendants-Respondents, and The Estate of Thelma V. Garrett, Defendant.

Supreme Court of Idaho, Boise, December 2021 Term.

Opinion filed: March 9, 2022.


Attorney(s) appearing for the Case

Murphy Law Office, PLLC, Meridian, for Appellants. Michaelina Murphy argued.

Sherer & Wynkoop, LLP, Meridian, for Respondents. Stephen Sherer argued.


This appeal concerns a dispute among stepsiblings over the remnant of their parents' estates consisting of approximately 26 acres of real property in Canyon County. When Alva and Thelma Garrett married in 1976, they created a blended family consisting of Alva's four children and Thelma's three children. They later executed reciprocal...

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