Mathewson v. Estate of Nielsen, 2011 WY 71

Helen Nielsen died testate May 29, 2008; will allocated personal property to Daughter and remainder to three children, with Daughter as executrix.
Daughter and Brotherston later died; Kenton Mathewson (husband) and others filed for decree of distribution under Wyoming summary probate procedures for estates under $150,000.
Grandson objected, contending CP agreement did not govern the Thermopolis property because probate had not occurred.
District court granted summary judgment in favor of applicants, concluding the CP agreement applied and distributing Daughter’s share to Kenton Mathewson.
Grandson filed a pro se post-judgment motion (later treated as potential Rule 59/59(e) motion); district court accounting followed, but Grandson’s notice of appeal was filed late, and the Supreme Court dismissed for lack of jurisdiction.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Grandson’s appeal was timely to confer jurisdiction.	Mathewson argues timing errors toll the appeal.	Estate argues the appeal was untimely and no jurisdiction exists.	Appeal untimely; no jurisdiction to review.

Plymale v. Donnelly, 125 P.3d 1022 (Wyo. 2006) (jurisdiction; final appealable orders; tolling rules)
Ragsdale v. Hartford Underwriters Ins. Co., 169 P.3d 78 (Wyo. 2007) (Rule 59 tolling; reconsideration not tolling unless proper)
Brown v. City of Casper, 248 P.3d 1136 (Wyo. 2011) (jurisdiction; appeal timing; de novo review of legal questions)