Mosley v. LancasterAnnotate this Case
This case involves a dispute among the grandchildren of decedent Mildred Warnock Hilton concerning the distribution of her estate. The probate court denied probate of Decedent’s purported 1988 will, which meant that her estate would be distributed according to the rules of intestate succession. On de novo appeal to the superior court, the parties stipulated to a bench trial, after which the superior court affirmed the probate court’s decision, ruling that Decedent had revoked her 1988 will and it was not validated by the doctrine of “dependent relative revocation.” The grandchild who offered the 1988 will for probate appealed to the Supreme Court, arguing that the superior court lacked subject matter jurisdiction to deny probate of the will without impaneling a jury and also challenging the court’s judgment on the merits. Finding no reversible error, the Supreme Court affirmed.