In Re: Estate of James W. Smalling, Deceased

This matter involves a will contest. The deceased died testate. His daughter, the proponent, is the executor. She submitted the deceased’s will to the trial court for probate. An order to probate was entered. The will expressly provides that the deceased’s son “is to take nothing” under the will. The son filed a complaint and a notice with the trial court contesting the will due to alleged undue influence. Proponent filed a motion to dismiss on the ground that contestant did not have standing to file a contest. Contestant subsequently took a voluntary nonsuit; the trial court entered an order of nonsuit. Nine months after his initial filing, contestant filed a second will contest in the same court. The proponent filed a motion to dismiss alleging that the contestant’s voluntary dismissal of his first will contest bars the filing of his second complaint. The trial court agreed. It entered an order granting proponent’s motion to dismiss with prejudice. We affirm.