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In re Estate of McKillip

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Friday, June 1, 2012


S-11-0822, Ronald E. McKillip, Deceased, Cinthia S. Shields (Appellee) v. Sandra K. McConville (Appellant)

Red Willow County, Judge Anne E. Paine

Attorneys:  Terrance O. Waite, David P. Broderick (Waite, McWha & Heng), and J. Bryant Brooks (Mousel Brooks, Garner & Schneider) (all for Appellant).  Peter Burger (Burger & Bennett) for Appellee.

Civil:  Probate, partition of real estate.

Proceedings Below:  The county court determined that a partition in sale, rather than in kind, was necessary.

Issues on Appeal:  McConville claims, renumbered and restated, that the county court erred in (1) ordering a partition by sale rather than in kind; (2) failing to allow cross-examination of Shields and admit certain portions of Shields’ deposition regarding her thoughts as to an equitable division of the real estate; (3) appointing a referee to determine whether and how to partition the property; (4) awarding referee fees; and (5) requiring the personal representative to obtain a supersedeas bond to prosecute this appeal.

This page was last modified on Friday, November 9, 2012