Vilar v. Fenton

BROTHERTON, Chief Justice.

This is an appeal from a final order, entered September 17, 1987, of the Circuit Court of Marion County. In that order the trial judge sua sponte declared a mistrial and recused himself from the case. The appellants argue that the trial judge erred by declaring a mistrial when he disqualified himself from presiding further over the case. We agree; therefore, we reverse.

On June 4, 1980, Wiley Curry executed a will that named Margaret Fenton, the ap-pellee, as his executrix and sole beneficiary. That same day, Mr. Curry executed a written power of attorney to allow the…