Summerhill v. Craft

Appellants contested the will offered for probate by appellee Iris Craft (Iris). The probate court failed to transfer the contest to circuit court upon appellants' request. Because this failure to follow the statutory mandate tainted the further proceedings, we must reverse.

On February 25, 1980, Iris filed for probate a document purporting to be the last will and testament of her deceased aunt, Ollie R. Craft (Ollie), under which Iris was sole beneficiary and executrix.

On May 13, 1980, appellants, Pauline Summerhill and John Craft, sister and brother of Ollie, filed a contest of the will in…