Summary:       The Defendant filed a motion to dismiss, contending that the Court lacks subject matter jurisdiction to probate the decedent’s will and administer the assets of the estate. The Court granted the motion to dismiss, finding that the North Dakota state probate court is the appropriate forum to bring the action.


Case Name: Brooks, et al. v. Wiesz

Case Number: 4-08-cv-07

Docket Number: 36

Date Filed: 8/26/08

Nature of Suit: 370

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IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF NORTH DAKOTA

NORTHWESTERN DIVISION
 

Charles R. Brooks, Individually and as Administrator of the Estate of Terry Lynn Brooks, and Cheryl R. Perry and Karen D. Olson,

Plaintiffs,

-vs-

Curtis R. Wiesz, Individually and as Personal Representative and beneficiary of the Estate of Cecil Austin, and the Estate of Helen Austin,

Defendants.

 )
) ORDER GRANTING DEFENDANT’S
) MOTION TO DISMISS
)
) Case No. 4:08-cv-07
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