Estate of Presgrave v. Stephens

Seen in its best light, the majority’s position has the salutary effect of advancing the cause of judicial economy. It does not, however, advance the cause of the sound and fair administration of decedents’ estates. On the facts of this case, I cannot agree with the majority’s conclusions that, without notice, a show cause petition to protect assets can double as a pleading to determine title, that a show cause hearing can be deemed an adequate substitute for a trial, and that the trial court’s action in deciding this case on the merits, after a show cause hearing, can be merely “harmless…