Cutler v. Cutler

The petitioner, Edward Cutler, a beneficiary of the estate of Edith Alice Cutler, seeks an emergency writ of prohibition to preclude the trial court from holding an evidentiary hearing on his petition to admit a codicil. To the extent the trial court may have been misled or improperly convinced to conduct an evidentiary hearing on the petition to admit a codicil, we grant the petition.

Without belaboring the tortured history regarding the administration of this estate, we will briefly articulate the relevant facts. Edith Cutler died on June 6, 2004. On October 14, 2004, Edward Cutler filed a…