KELLEY v. ENGLISH

81-1005.

439 So.2d 26 (1983)

Sam M. KELLEY, etc. v. Bessie Gilmore ENGLISH, et al.

Supreme Court of Alabama.

Rehearing Denied September 30, 1983.


Attorney(s) appearing for the Case

William D. Melton, Evergreen, and Paul D. Owens, Jr., Brewton, for appellant.

John Thaddeus Moore of Otts & Moore, Brewton, for appellees.


ALMON, Justice.

This is an appeal from, and an alternative petition for mandamus regarding, orders dismissing a complaint and striking an amended complaint. Margaret K. Gilmore filed a contest to the will of her late husband Ollie D. Gilmore in the Probate Court of Escambia County and had it transferred to circuit court. The circuit court granted the proponents' motion to dismiss for lack of subject matter jurisdiction, ruling that the contestant had not complied...

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