Susanne Moye Daniel v. C. Michael Moye and Barbara Moye Susanne Moye Daniel v. C. Michael Moye and Barbara Moye

Summary

The court held that the circuit court acquired jurisdiction over both estate administrations because petitions satisfying the statutory removal requirements were filed in the circuit clerk's office, requiring entry of removal orders. It also held that the contestants sufficiently pleaded post-probate will contests, despite technical omissions, because the pleadings and record supplied the necessary jurisdictional facts and provided fair notice to adverse parties. The court reversed and remanded both cases for removal of the administrations and continuation of the will contests; claims for accounting and recovery of inter vivos transfers were premature until removal occurred.