Thomas v. Feinberg

In this probate matter, the mother of the decedent appeals an order striking her pleadings and entering judgment against her. We reverse.

In the trial court the mother contended that the decedent’s will was invalid and that the estate should pass by intestate succession. The guardian for certain minor beneficiaries under the decedent’s will contended that the will was valid and should govern the probate proceeding.

In striking the mother’s pleadings, the court stated that the mother had not complied with court instructions regarding the initiation of the adversary case to determine the validity…