Bessie Kirksey v. Iris Johnson ex Parte Iris Johnson (in Re Bessie Kirksey v. Iris Johnson)

Summary

The court dismissed Kirksey's appeal because the probate court's Rule 54(b) certification concerned a nonfinal order. It treated the omitted heirs' cross-appeal as a petition for mandamus and held that the probate court lacked subject-matter jurisdiction over the wrongful-death settlement, distribution of its proceeds, and related interpleader proceeding because those proceeds were not estate assets. The court directed the probate court to vacate specified orders and dismiss the interpleader action. Chief Justice Moore, dissenting in part, would have treated the omitted heirs' challenge as a direct appeal rather than a mandamus petition; the other separate writings generally concurred while offering additional reasoning about the procedural and probate-law issues.