Renee v. Sanders, Exr.

CONCURRING AND DISSENTING OPINION

By KOVACHY, PJ.

I concur with the conclusion “That the judgment of the Probate Court is not supported by the proper degree of proof and for that reason such judgment is reversed and cause remanded for further proceedings according to law,” but disagree with the conclusion “That the Probate Court should have granted defendants’ motion to dismiss for want of jurisdiction.”

The motion of the defendants to dismiss the amended petition was only filed after the amended petition and the answer of all the defendants had been filed and the case appealed to the Court of…