ACTIONS-DECLARATORY JUDGMENTS-JURISDICTION TO GRANT

Authors

Abstract

A will was duly probated in the county court. By it the plaintiff and defendant were appointed guardians of the testator's minor children. The guardians did not get along together, and could not agree as to how the funds of their wards should be invested. Finally, proceedings were properly brought in the county court to have questions concerning the care of the funds settled. While such proceedings were pending, the plaintiff, evidently not content to have the difficulty settled in this manner, brought an equity suit in the district court against her co-guardian under the Declaratory Judgments Act, in which she asked that a new separate guardianship be authorized, that a corporation be appointed as the new guardian, and that the court direct such guardian as to the investment of the funds. The court granted the relief requested and the defendant appealed. Held, that the district court had no jurisdiction to deal with the case presented by the plaintiff's bill because the state statutes gave the county court exclusive jurisdiction of probate matters, including the guardianship of minors, and the Declaratory Judgments Act did not modify that exclusive jurisdiction. Stewart v. Herten, (Neb. 1933) 249 N. W. 552.

Recommended Citation

ACTIONS-DECLARATORY JUDGMENTS-JURISDICTION TO GRANT, 32 Mich. L. Rev. 1156 (1934).
Available at: https://repository.law.umich.edu/mlr/vol32/iss8/10