Nethery v. Estate of Doris Nethery

CARLTON, J.,

for the Court:

¶ 1. This appeal stems from the Hancock County Chancery Court’s order granting the motion to dismiss a probate claim against the Estate of Doris Nethery for attorney’s fees. The chancellor set aside the divorce between Wilbur Glen Nethery and his wife, Doris, upon a motion by Greg Nethery, Glen’s son and guardian at the time. Greg and Glen’s Estate (Appellants) argue that the chancellor erred in granting the motion to dismiss, claiming that the chancellor granted relief based on a ground Doris’s Estate failed to raise or argue in the motion to dismiss. Upon review,…