In re Estate Gay

A preliminary question to be decided is whether the probate court has jurisdiction to entertain a petition for advice and instructions. If it has not such jurisdiction then it has no authority to.transfer questions under chapter 90, Laws 1947, and any advice given is without binding effect.

Objection to jurisdiction over the subject matter may be taken at any time and under the circumstance of such lack the court will act on its own motion. “Whenever it appears that a court has no jurisdiction of the subject-matter of the suit, the proceeding is dismissed even if no objection is made.” Burgess…