Fletcher v. DeLoach

The appellant, Mary Elizabeth DeLoach Fletcher, is the proponent of Ada B. Padgett's last will and testament, which was executed on April 15, 1970. After the testatrix died on October 31, 1975, Mrs. Fletcher filed the above mentioned instrument for probate on November 19, 1975. The appellees, a son and granddaughter of the testatrix, contested the probate of said will on April 1, 1976, and moved that the contest of the will be transferred to circuit court for a trial by jury. See sections 43-1-70, 43-1-78, Code of Alabama 1975. The probate judge ordered the transfer of the cause to circuit…