X, the designated executor of a will, files a petition for probate of the same. X and his counsel failed to appear without justifiable cause at the…
2012 Bar Exam · Remedial Law · Question 26 · Multiple choice
The question
X, the designated executor of a will, files a petition for probate of the same. X and his counsel failed to appear without justifiable cause at the hearing on the presentation of evidence and the court therefore dismissed, motu proprio, his petition for failure to prosecute. The effect of the dismissal is:
- A.Not an adjudication upon the merits.
- B.The will can no longer be probated.
- C.It is a dismissal with prejudice.
- D.A bar to a subsequent action on the same cause.
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