Byrd v. Bentley

I concur with affirming the summary judgment entered by the Shelby Probate Court in favor of Dairian Bentley, as personal representative of the estate of Mark Jonathan Bentley, Sr., deceased (sometimes hereinafter referred to as “the estate”), in this will-contest action filed by William Wood Byrd, Jr. Although the probate court provided alternative reasons as to why the summary judgment in favor of the estate was proper, I write specially to discuss the probate court’s reason that it lacked jurisdiction over the will contest under § 43-8-199, Ala.Code 1975, because Byrd filed the contest in…