Hoewing v. Hoewing-Kurz

Scott and Mark Hoewing (“sons”), residual beneficiaries of Wayne Hoewing’s (“father”) will, appeal from the judgment of the Lewis County Circuit Court dismissing their petition for declaratory judgment. We dismiss the appeal in that the trial court’s dismissal without prejudice for improper venue is not a final appealable judgment as the action may be re-filed in the probate division.

Father executed his Last Will and Testament on July 8, 1982. At the time of the will’s execution he was married to Yvonne Hoewing-Kurz (“former wife”), however, their marriage was later dissolved. At the time of…