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ESTATE OF DORRIE E. MILLER, a/k/a DORRIE MILLER, Deceased

ESTATE OF DORRIE E. MILLER, a/k/a DORRIE MILLER, Deceased. (12/1033) — In this contested probate proceeding, Charles Miller ("Charles") and Patriece Miller ("Patriece"), move for summary judgment for an order sustaining their objections, denying probate to the propounded instrument (the "propounded instrument").1 Maxine Butler ("Maxine") and Peter Miller ("Peter") oppose the motion and cross-move for summary judgment, for an order dismissing the objections and admitting the instrument to probate. For the reasons stated below, the motion is denied, and the cross motion is granted.

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ESTATE OF DORRIE E. MILLER, a/k/a DORRIE MILLER, Deceased. (12/1033) — In this contested probate proceeding, Charles Miller (“Charles”) and Patriece Miller (“Patriece”), move for summary judgment for an order sustaining their objections, denying probate to the propounded instrument (the “propounded instrument”).1 Maxine Butler (“Maxine”) and Peter Miller (“Peter”) oppose the motion and cross-move for summary judgment, for an order dismissing the objections and admitting the instrument to probate. For the reasons stated below, the motion is denied, and the cross motion is granted.

Since the probate petition filed with the court listed Charles as being a person under a disability, a guardian ad litem was appointed for him. On an allegation by his counsel, that Charles was not under a disability, the guardian ad litem was instructed to render a report as to whether Charles indeed was a person under a disability. He concluded that he was not, and the guardian ad litem was discharged.

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