Scott v. Estate of Ehrmann

SMITH, Presiding Judge.

Plaintiffs appeal from a judgment of the trial court treating their motion for a determination of jurisdiction as a voluntary dismissal of their will contest and dismissing the will contest. The parties agree that the court’s judgment was erroneous but differ on the relief to be accorded by this court. We reverse and remand.

The facts are unusual. Robert Ehrmann died on March 2, 1994. On March 30, 1994, defendant Marlene Braun, a friend, filed a will dated February 6, 1994, in the Probate Court, and applied for letters testamentary. Braun was named as personal…