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Smith v. Wyatt

In the absence of a transcript, the probate court's finding that the caveator lacked standing was presumably correct.

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Marjorie Starnes Smith appeals from the dismissal of her caveat to the petition to probate her sister’s will in solemn form. Finding no error, we affirm. Appellee Nancy Wyatt, in her capacity as executor, filed a petition to probate the will of Doris Starnes. The petition listed Tracie Jackson as decedent’s daughter and sole heir. Majorie Starnes Smith, decedent’s sister, filed a caveat alleging that decedent lacked testamentary capacity to execute the will and that decedent had been unduly influenced by Wyatt. Smith also alleged that Jackson was neither the natural nor legally adopted child of the decedent, thereby making Smith the decedent’s sole heir at law.

The probate court ordered the parties to appear at a November 6, 2006 hearing to determine the true heirs of Doris Starnes. Wyatt filed her response to the caveat, and Jackson filed and the court granted a motion to intervene for the purpose of allowing her to present evidence establishing that she is the decedent’s daughter. After the grant of several continuances due to Smith’s substitution of counsel and the illness of a witness, the probate court ordered Wyatt, Smith, and Jackson to appear at a March 2007 hearing to determine the decedent’s true heirs. The court’s order informed the parties of their responsibility to present witnesses and evidence in accordance with the Civil Practice Act and that no further continuances would be granted.

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