Homer Osborne Johnson and Schurlock Holland v. Cheryl Neal and Corburt Chisley

Summary

The Alabama Supreme Court held that a will contest filed more than six months after admission of the will to probate was outside the circuit court's statutorily conferred subject-matter jurisdiction. The contestants' general allegations that proponents failed to provide notice did not establish the fraud necessary to toll the limitations period under Alabama Code § 43-8-5. The court vacated the circuit court's judgment and dismissed the appeal because the judgment was void.

Holdings

1. A circuit court's jurisdiction over a will contest is statutorily conferred and limited, and a contest filed more than six months after admission of the will to probate does not comply with Ala. Code § 43-8-199 and is outside the circuit court's subject-matter jurisdiction.
2. The contestants' bare allegation that the proponents failed to provide notice did not establish fraud under Ala. Code § 43-8-5 sufficient to toll the six-month limitations period for filing a will contest.
3. Lack of subject-matter jurisdiction over a will contest may be raised at any time and is not waived by failure to raise it in the circuit court.
4. The circuit court's judgment setting aside the probate order was void, and a void judgment could not support an appeal.

Questions Presented

1. Whether the Macon Circuit Court had subject-matter jurisdiction over a will contest filed more than six months after the will was admitted to probate.
2. Whether the contestants' allegations that the proponents failed to provide notice constituted fraud under Ala. Code § 43-8-5 sufficient to toll the six-month period in Ala. Code § 43-8-199.
3. Whether the proponents waived the subject-matter-jurisdiction issue by failing to raise it before the circuit court.
4. Whether the contestants were persons interested in the will with standing to contest it.

Disposition

vacated