In Re Estate of Billy Joe Walls

Case Number
E2010-00758-COA-R3-CV

This appeal arises out of a challenge to the trial court's subject matter jurisdiction. Upon the death of the testator, Billy Joe Walls, wills executed by him were submitted for probate in different states. Patricia Pemberton was appointed personal representative under a 2009 will admitted to probate in the trial court. Barbara Brown is the appointed personal representative under a 2007 will admitted to probate in the Circuit Court of Morgan County, Alabama. Brown initiated these proceedings by filing a complaint in the trial court 1 to contest the will submitted by Pemberton. Subsequently, Brown sought summary judgment, asserting that the trial court lacked subject matter jurisdiction. Alternatively, Brown moved to transfer the case to Alabama under the doctrine of forum non conveniens. The trial court dismissed Pemberton's petition on both grounds. She appeals. We affirm.

Authoring Judge
Judge Charles D. Susano, Jr.
Originating Judge
Chancellor William E. Lantrip
Case Name
In Re Estate of Billy Joe Walls
Date Filed
Dissent or Concur
No
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