In re Estate of Miller

Plaintiff appealed the judgment of the trial court in a will contest matter in which the court concluded that a will entered into probate two months after the estate was opened was valid. Plaintiff also appealed from the denial of her motion for substitution of judge on the grounds that it was untimely. The appellate court affirmed, finding that the motion was untimely because it was made after the admission of the will to probate, which was a ruling on a substantial issue, and that there was no error in the court’s ruling upholding the validity of the will. (HOWSE and COBBS, concurring)