Bessie Kirksey v. Iris Johnson

(concurring in the result in case no. 1130385 and dissenting in case no. 1130403).

I concur with the conclusion of the main opinion that the probate court lacked subject-matter jurisdiction to oversee the wrongful-death settlement and the distribution of the settlement proceeds. However, I concur in the result in case no. 1130385 and dissent in case no. 1130403 because, pursuant to § 12-22-20, Ala.Code 1975, I believe both cases are properly before us on appeal from a “final decree of the probate court, or from any final judgment, order or decree of the probate judge.” In my opinion, the…