Squarcy v. Van Horne

This appeal questions the ability of a trial court to sustain a motion to dismiss for lack of jurisdiction when the party opposing the motion has timely filed her own motion for a change of venue. Our opinion concludes that despite the pendency of a requested change of venue, a court may properly dismiss the cause where there is no jurisdiction of the case.

The facts relate to appellant’s (contestor’s) attempt to contest two codicils to the will of her father. The will and codicils were admitted to probate on September 1, 1972. Seven months and two days later, on April 3, 1973, the contestor…