Norman Ussery v. Alan Terry, as of the Estate of Donald R. Terry

Summary

The Supreme Court of Alabama reversed the Montgomery Circuit Court’s dismissal of a will‑contest action and remanded for further proceedings. The Court held that the six‑month filing deadline under § 43‑8‑199 does not restrict the later joinder of indispensable parties under § 43‑8‑200, and therefore the dismissal was improper. The decision also affirmed that an appeal addressing both grounds of dismissal is sufficient and that jurisdiction was not lost by the initial omission of parties.