context: Otherwise, there would be no reason to apply them. Courts in Utah and other states that have adopted the Uniform Probate Code have supplemented it in several outcome-determinative ways.
citation_a.signal: see
citation_a.identifier: 711 P.2d 261, 263
citation_a.parenthetical: holding that final closing orders in a probate proceeding can be vacated through a rule 60(b) motion, despite the fact that section 75-3-1001 of the probate code "discharges a personal representative from further claim or demand after a final closing order has been entered"
citation_a.sentence: See Berneau v. Martino, 2009 UT 87, ¶ 10, 223 P.3d 1128 (allowing the equitable discovery rule to toll the three-year statute of limitations required in the Probate Code); Morgan v. Zions First Nat'l Bank (In re Estate of Pepper), 711 P.2d 261, 263 (Utah 1985) (holding that final closing orders in a probate proceeding can be vacated through a rule 60(b) motion, despite the fact that section 75-3-1001 of the probate code "discharges a personal representative from further claim or demand after a final closing order has been entered"); In re Estate of Butler, 444 So.2d 477, 479 (Fla.Dist.Ct.App.1984) (estopping the first wife of decedent from asserting her inheritance rights as against the decedent's second wife); In re Estate of Peter C., 488 A2d 468, 470 (Me.1985) (holding that the common law rule that a guardian is in a fiduciary relationship to his ward was not abrogated by the adoption of the Uniform Probate Code even though the code does not shoulder guardians with fiduciary responsibilities); In re Estate of Foster, 102 N.M. 707, 699 P.2d 638, 645 (N.M.Ct.App.1985) (applying the equitable rule "authoriz[ing] an award of attorney fees for services rendered which confer a benefit upon the estate"); In re Estate of O'Keefe, 583 N.W.2d 138, 140 (S.D.1998) (holding that the cireuit court had the equitable authority to partially disqualify a beneficiary from inheriting from an estate because of his fraudulent acts); see also In re Estate of Wagley, 760 P.2d 316, 319-20 (Utah 1988) (holding that a claim of quantum meruit was appropriate in a probate case because under section 103, "principles of law and equity supplement the provisions of the [Utah Uniform Probate Code] unless displaced by particular provisions of the Code").
citation_b.signal: see also
citation_b.identifier: 760 P.2d 316, 319-20
citation_b.parenthetical: holding that a claim of quantum meruit was appropriate in a probate case because under section 103, "principles of law and equity supplement the provisions of the [Utah Uniform Probate Code] unless displaced by particular provisions of the Code"
citation_b.sentence: See Berneau v. Martino, 2009 UT 87, ¶ 10, 223 P.3d 1128 (allowing the equitable discovery rule to toll the three-year statute of limitations required in the Probate Code); Morgan v. Zions First Nat'l Bank (In re Estate of Pepper), 711 P.2d 261, 263 (Utah 1985) (holding that final closing orders in a probate proceeding can be vacated through a rule 60(b) motion, despite the fact that section 75-3-1001 of the probate code "discharges a personal representative from further claim or demand after a final closing order has been entered"); In re Estate of Butler, 444 So.2d 477, 479 (Fla.Dist.Ct.App.1984) (estopping the first wife of decedent from asserting her inheritance rights as against the decedent's second wife); In re Estate of Peter C., 488 A2d 468, 470 (Me.1985) (holding that the common law rule that a guardian is in a fiduciary relationship to his ward was not abrogated by the adoption of the Uniform Probate Code even though the code does not shoulder guardians with fiduciary responsibilities); In re Estate of Foster, 102 N.M. 707, 699 P.2d 638, 645 (N.M.Ct.App.1985) (applying the equitable rule "authoriz[ing] an award of attorney fees for services rendered which confer a benefit upon the estate"); In re Estate of O'Keefe, 583 N.W.2d 138, 140 (S.D.1998) (holding that the cireuit court had the equitable authority to partially disqualify a beneficiary from inheriting from an estate because of his fraudulent acts); see also In re Estate of Wagley, 760 P.2d 316, 319-20 (Utah 1988) (holding that a claim of quantum meruit was appropriate in a probate case because under section 103, "principles of law and equity supplement the provisions of the [Utah Uniform Probate Code] unless displaced by particular provisions of the Code").