Steele v. Sullivan

HOUSTON, Justice.

Allen W. Steele appeals from an order of the Circuit Court of Covington County dismissing, for lack of jurisdiction, his action contesting the document offered as the last will (and codicil) of Ira Eugene Steele. We reverse and remand.

The material facts of this case are best stated in the affidavit of Leland Enzor, which, in pertinent part, reads as follows:

“My name is Leland Enzor. On June 1, 1984, I was Probate Judge of Coving-ton County, Alabama, and had served in that office for many years. On April 23, 1984, C.J. Sullivan filed in the Probate Court of Covington County a…