Beckham v. Topper

GUITTARD, Chief Justice.

In this application for a writ of prohibition, the question is whether trial of a suit for damages in the probate court will interfere with the disposition of a will contest now pending on appeal in this court. We hold that it will interfere with the will contest; therefore, we grant the writ of prohibition.

The litigation concerns the estate of Edith Rutherford Beckham, who died April 16, 1981, leaving two daughters, Mary Brady Beckham and Martha Brady Anthony. Beckham filed an application to probate an alleged will dated March 4, 1977, leaving the bulk of the estate…