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20 Jul 2007, 12:16 pm
Butler, et al., a 12-page opinion, Judge Bailey writes:The Estate raises the sole issue of whether a circuit court has subject-matter jurisdiction over an action filed against a decedent's estate for breach of an oral contract to make a will when the administration of the estate is pending in probate court. * * * [T]o harmonize the breach of contract action with the purpose of the Probate Code, the action is properly characterized as a probate matter rather than a claim. [read post]