Mays v. Racine-Kinchen
Annotate this CaseAppellant A.R. Mays, executor of the estate of decedent Gilbert Henry Kinchen, filed a petition to probate the decedent's will, and Appellee Katherine Rancine-Kinchen, the decedent’s widow, filed a caveat thereto. Appellant moved to dismiss the caveat. In its order resolving the motion to dismiss, the probate court granted the motion to dismiss in part by denying two counts raised by the caveat. The probate court declined to grant the remainder of the motion to dismiss when it allowed three counts of the caveat, which raised issues about a non-testamentary trust agreement that was referenced in the will, to remain pending. Because it concluded that it did not have jurisdiction to resolve the trust agreement issues, the probate court’s order transferred those issues to the superior court for resolution. Although it determined that appellee had not shown that the will was "incomplete" and "uncertain," the probate court nevertheless reserved admitting the will to probate until the trust issues were resolved by the superior court. It is from this order that Appellant directly appealed to the Supreme Court. Appellee moved to dismiss the appeal contending appellant failed to follow the correct appellate procedure. Finding that Appellee indeed did not follow the proper procedures, the Supreme Court dismissed the direct appeal.
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