Scott v. Scott

*513Opinion by

Judge CARPARELLLI

In this probate proceeding, Samuel C. Seott (proponent), appeals the probate court's order granting partial summary judgment in favor of Mark A. Seott (objector) and denying partial summary judgment to proponent, determining that William C. Seott (decedent), proponent's father and objector's grandfather, lacked the legal capacity to exercise a power of appointment. We reverse and remand for further proceedings.

L

Objector contends that proponent's appeal is untimely and that, as a result, this court lacks jurisdiction. We disagree.

A

In 1997, in a second codicil to his…