Daly v. Stephenson

BRIGHTMIRE, Judge.

The dispositive issue in this will contest is whether the contestants timely filed a sufficient petition. The trial court held they did not and sustained the personal representative’s motion to dismiss.

We affirm.

I

The operative facts are these. On April 27, 1988, a self-proving will was executed by Evelyn R. Daly, an elderly woman who had never married. She died December 22,1991, leaving the bulk of her estate to a friend. The will expressly declared that “it is my intention that none of my estate shall go to any of my relatives or heirs at law irrespective of their…