In the Matter of the Estate of Robert S. Meeker, Robin Meeker Gaston, Misty S. Oxborrow, and Dustin D. Meeker v. Carole L. Wagner

KAUTZ, Justice.

[¶1] Appellants Robin Meeker Gaston, Misty S. Oxborrow and Dustin D. Meeker (the Meeker children) are the surviving children of the decedent, Robert S. Meeker. They contested Mr. Meeker’s will, which left the bulk of his estate to Appellee Carole L. Wagner. When the Meeker children filed their petition to set aside the probate of the will, they also filed a motion for change of judge under the peremptory disqualification provision in W.R.C.P. 40,1. The district court denied the motion for peremptory disqualification as untimely and granted summary judgment to Ms. Wagner on the…