Nicolae Dragan v. John and Sylvia Miller

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• noting that a lawsuit seeking the imposition of a constructive trust would, if successful, cause - an estate to pass through the intestacy statute — thus, “this is not the form of the action but would be its practical effect if it succeeded” (emphasis added)
• finding probate exception bars jurisdiction to hear action to declare will invalid “because of undue influence” and to have decedent’s property pass through state intestacy statute
• noting that a lawsuit seeking the imposition of a constructive trust would, if successful, cause an estate to pass through the intestacy statue—thus, “this is not the form of the action but would be its practical effect if it succeeded” (emphasis added)
• finding probate exception bars jurisdiction to hear action to declare will invalid \because of undue influence\ and to have decedent's property pass through state intestacy statute
• discussing history and rationale for the probate exception
• describing the historical explanation as “shoddy”

Source: CourtListener parenthetical corpus (CC0).