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 order was nonfinal and could not be made appealable through Rule 54(b). Treating the omitted heirs' cross-appeal as a mandamus petition, the court held that the probate court lacked subject-matter jurisdiction over the settlement and distribution of wrongful-death proceeds because those proceeds were not assets of the decedent's estate. The court therefore vacated the relevant probate orders and directed dismissal of the interpleader action. Chief Justice Moore concurred in the result on the appeal but dissented from granting mandamus, while Justices Bolin, Murdock, and Shaw concurred specially on appellate procedure and the relationship between probate jurisdiction and wrongful-death proceedings.