Ex Parte Smith

1 The style of the proceeding in the circuit court, like the petition in this Court, described Mary Ellen Smith "as executrix of the estate of Vesta Carr Stone, deceased." As our opinion indicates, however, no personal representative has been appointed. Accordingly, we have restyled these proceedings.

ON APPLICATION FOR REHEARING

The opinion of December 18, 1992, is withdrawn and the following opinion is substituted therefor.

Mary Ellen Smith petitions this Court for a writ of mandamus directing the Madison Circuit Court to vacate its order removing a will proceeding from the probate court to…