Cary v. Riss

McHUGH, Justice:

This matter is before this Court upon two certified questions by the Circuit Court of Jefferson County as to whether due process requires that notice be given to the beneficiary named in a recorded will that has been refused probate, and if so, whether the failure to give such notice tolls the statute of limitations until the beneficiary has notice that the will was refused probate.

I

On October 27, 1980, Bernard M. Dennis died at the age of 91. He was survived by his wife, Sherlie F. Dennis. By his last will and testament dated November 9, 1963, Mr. Dennis devised and…