Truluck v. Snyder

GOOLSBY, J.:

These combined appeals involve a demand for a jury trial in a will contest. The probate court denied the demand as well as a motion to remove the case to the circuit court. The circuit court affirmed. We reverse and remand.

FACTS AND PROCEDURAL HISTORY

Mason D. Nesmith died on April 26, 1999. On April 28, 1999, the probate court granted an application from Carol S. Snyder for informal probate of a will that was executed by Nesmith on April 1, 1999. In this will, Nesmith devised all his property to Snyder and Elizabeth Ashford. He also named Snyder as the personal representative of…