Morrison v. Morrison

I dissent because the claims at issue here constitute an unauthorized collateral attack on the 1998 will which has been held by the probate court as William Lee Morrison, Jr.’s last will and testament. Giving any kind of effect to the 2003 notes after the fact, including awarding damages on various theories such as breach of fiduciary duty, constructive trust, intentional interference with a gift, and fraud would usurp the probate court’s authority. In particular, I cannot join Division 3 of the majority’s opinion because I believe appellants’ (Alexander and Lee Morrison) fraud and non-fraud…