Ex Parte Carolyn Wilson Floyd. (in Re Estate of S.l. Wilson, Sr. v. Honorable Thomas Ap R. Jones)

Summary

The Court granted mandamus and directed the circuit court to dismiss a will contest filed nearly ten months after the will was admitted to probate. It held that the contestant's letters did not constitute a pre-probate will contest because they were not filed with the probate court and lacked the characteristics of a pleading. The Court also held that the statutory limitations period was not tolled because the complaint alleged only fraud relating to the execution of the will, not fraud in the administration of the estate or fraud on the court.