Surrogate Judge, concurring specially.
I agree that justice requires that the judgment be affirmed. I am further convinced that Chief Justice Erickstad has properly followed the sometimes-illusive-line which divides strictly probate matters, under the exclusive jurisdiction of the probate court, from other matters which may be interwoven in the probate process yet may be appropriately the subject of district court jurisdiction. The case of O’Connor v. Immele, 77 N.D. 346, 43 N.W.2d 649 (1950), illustrates another somewhat analogous circumstance where district court jurisdiction was upheld.