Requirements To Perfect Transfer of Will Contest to Circuit Court


Harper v. Taylor; Taylor v. Harper, [Ms. 1180868, 1180869, 1180915, 1180916, June 11, 2021], ___ So. 3d ___ (Ala. 2021). In a plurality opinion in these four consolidated appeals, the Court (Mitchell, J.; Parker, C.J., and Bryan and Stewart, JJ., concur; Shaw, J., concurs in the result; Bolin, Wise, and Sellers, JJ., dissent; Mendheim, J., recuses) vacates for lack of subject matter jurisdiction the Monroe Circuit Court’s judgment entered on a jury verdict in a will contest. The opinion explains “[t]he circuit court never obtained jurisdiction because the probate-court records were never certified upon the attempted transfer of the will contests to the circuit court as is required by § 43-8-198 [Ala. Code 1975]. Thus, the judgment of the circuit court is void. Since a void judgment will not support an appeal, McElroy v. McElroy, 254 So. 3d 872, 875 (Ala. 2017), these appeals are dismissed. We accordingly direct the circuit court to vacate its judgment in favor of Alice Lynn.” Ms. *12.

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