Stodder v. Evans

Because I do not interpret Jody’s pleading as a “will contest” and because I believe that her claims are barred by the statute of limitations, I respectfully dissent.

I agree with the majority’s statement that “nowhere in the pleading ... does [Jody] expressly request that the will be set aside because of [the] fraud or lack of testamentary capacity.” However, after stating the relevant facts, the petition asserts that she is entitled to injunctive relief to preserve the status quo and asserts causes of action for fraud, breach of fiduciary duties, conversion, constructive fraud, and…