Kirksey v. Johnson et al.

Docket: 1130385 Opinion Date: October 17, 2014
Areas of Law: Constitutional Law, Trusts & Estates

Bessie Kirksey appealed a probate court order vacating its order discharging Kirksey as administrator ad litem of the estate of Kirksey’s sister, Willie Mae Graves, deceased. Iris Johnson, Darryl Thomas, Dorothy McLemore, John McLemore, Jr., Jerrick McLemore, Frederick Pryor, Jr., Rafeal Santece Powell, Nyya Nicole Marshall, Brandon LeMar Marshall, and Jeffrey Sams (alleged heirs of Graves) cross-appealed the probate court’s order insofar as it denied their motion to transfer the case to the Jefferson Circuit Court based on the alleged lack of subject-matter jurisdiction in the probate court. The Supreme Court treated the cross-appeal as a petition for a writ of mandamus, styled the case accordingly, dismissed the appeal, granted the petition and issued the writ.



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