Tomeka McElroy and Marlon McElroy v. Tracy McElroy

Summary

The court held that the Jefferson Probate Court had jurisdiction to hear the post-probate will contest because a local act granted it concurrent equitable estate jurisdiction. However, the circuit court never acquired jurisdiction over the estate because the statutory removal procedure required a petition for removal and an order of removal entered by the circuit court, neither of which occurred. The circuit court's judgment was therefore void, and the appeal was dismissed.