Hughes v. Branton, 141 So. 3d 1021

Henry and Emma owned roughly 100 acres in Dothan; Emma later held title after Henry’s 1988 death and executed wills in 1988 and 1995 affecting distribution to five children.
In 1997 Emma conveyed the farm to Don and John with Emma’s life estate; in 1999, Don and John as Emma’s co-attorneys-in-fact conveyed Emma’s life estate to Don.
In 2005 Robbie and Billy Joe petitioned to probate the 1995 will and to contest it, including a claim to set aside the 1997 deed; they sought transfer to circuit court.
Probate court transferred the proceeding to the circuit court in February 2005; the file included the will copies, petitions, and related documents.
The circuit court stayed proceedings in 2005; discovery occurred through the following years; in 2010 the court bifurcated will contest (jury trial) from the deed-set-aside claim (nonjury trial).
The circuit court held a nonjury trial on the deed and found a constructive trust; it certified final judgment, which the supreme court later vacated for lack of jurisdiction over the deed claim.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the circuit court had jurisdiction over the deed-set-aside claim	Robbie/Billy Joe contend circuit court properly heard it as an equity matter after transfer.	Don/John argue probate court never validly transferred that claim; circuit lacked jurisdiction.	Circuit lacked jurisdiction over the deed claim; judgment void.
Whether probate court could transfer the entire proceeding to circuit court	Transfer was authorized to adjudicate the contest and related matters.	Transfer statutes permit only the will contest; the deed claim could not be transferred.	Probate court could not transfer the deed claim to circuit court.
Effect of filing an amendment in circuit court on equity jurisdiction	Amendment invoked circuit court equity powers to resolve the deed issue.	Circuit cannot hear non-contested issues joined to a transferred will contest.	Amendment did not vest circuit with proper jurisdiction; void as to deed claim.

Bardin v. Jones, 371 So.2d 23 (Ala. 1979) (jurisdiction limited when will contest transferred to circuit court)
Ex parte Boykin, 611 So.2d 322 (Ala. 1992) (court cannot transfer proceedings to another court absent proper authority)
Lappan v. Lovette, 577 So.2d 893 (Ala. 1991) (probate court is generally not equity forum; jurisdiction limits apply)
DuBose v. Weaver, 68 So.3d 814 (Ala. 2011) (estate administration and removal to circuit court; activation requires proper petition)
Ex parte Alabama Dep’t of Human Res., 999 So.2d 891 (Ala. 2008) (void judgments when jurisdiction prerequisites are not satisfied)
Solomon v. Liberty Nat’l Life Ins. Co., 953 So.2d 1211 (Ala. 2006) (subject-matter jurisdiction reviewed de novo)