Womack v Leavitt and Hendrickson

Womack sought review of the Utah Court of Appeals decision holding his petition to reopen his father’s estate untimely. The Court affirmed in part and vacated in part. It held the petition was untimely as it sought to vacate a final closing order and enter a new order and was thus more than a decade late. However, the Court vacated the portion of the Court of Appeals opinion which set out the interests of the life tenants and remainderman in withheld royalty payments as the petition really sought a determination of the legal effects of the closing order as to mineral rights, the petition was untimely and thus the question of interests in the oil and gas royalties here was not properly before any court. The Court noted that Womack could obtain the desired declaration of rights through interpleader of the withheld royalty payments or through other avenues.