Pitcher v. Waldo

Appellant challenges a final summary judgment in which the probate court determined that it was without jurisdiction to decide appellant’s petition for declaratory judgment. Appellant had filed the petition in the probate proceedings of his deceased daughter, claiming entitlement to a greater portion of a jury award to survivors in a wrongful death suit filed by the mother, as *423personal representative of the daughter’s estate. He alleged that he had an agreement with the mother to share any award to survivors 60/40. A jury awarded the mother $1,000,000 as a survivor but awarded only $100,000…