Weems v. Montgomery

THOMAS H. NEWTON, Judge.

Appellants, Douglas and Kerry Weems, filed a petition against respondent, Mary Jean Montgomery, contending that she committed fraud when she sold her mother’s (Anna Belle Randolph) home to the appellants. The circuit court, probate division, dismissed appellants’ petition. We conclude that it improperly relied upon evidence beyond the pleadings and that appellants stated a claim for relief against Ms. Montgomery individually. We further conclude that appellants stated a claim for relief against Ms. Montgomery in her capacity as administrator of her mother’s estate. We…