Cotty v. Yartzeff

The issue on appeal is whether appellant waived her rights of removal and jury trial. The probate court denied appellant’s motions for removal to the circuit court and a jury trial. The circuit court affirmed. We reverse.

I. FACTS

Nicholas D. Yartzeff executed a will on February 18, 1990, two days prior to his death. Yartzeff was survived by appel lant, his estranged wife (Wife). On April 3,1990, a petition for testacy and appointment of a personal representative was filed in the probate court. A hearing was begun on Friday, April 27,1990, and recessed until Monday, April 30,1990. Wife filed an…