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Panel questions timeline of discovery in probate appeal over summary judgment
Summary
The appeals court pressed parties over whether a probate court granted summary judgment on grounds not presented and whether denial of discovery prejudiced the proponent of a will; the panel took the case under advisement after probing timelines and affidavits.
In the partially impounded probate appeal involving the estate of Montana Jeisel, counsel Juliet Davison for petitioner Michael Dwyer argued the probate judge entered summary judgment on legal grounds not presented in the motion and denied discovery that would have permitted the petitioner to rebut affidavits of objection. Davison said the motion to compel and discovery requests were…
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