Cunningham v. Parkdale Bank

I respectfully disagree with the majority’s opinion that under the facts of this case the probate court had jurisdiction to enter a personal judgment against Appellant. I believe there are several distinct reasons why no such jurisdiction existed.

Appellant’s seventeen points of error in summary assert the lack of jurisdiction of the Probate Court to render a personal judgment against him. In claiming lack of jurisdiction, Appellant first argues that the court had no power to require Appellant as an Independent Administrator to submit an accounting or to disapprove it since Probate Code § 221…