JUDGMENT — COMPANION DECISION OF COURT OF APPEALS CLARIFIED — WILL CASE REVERSED IN PART AND AFFIRMED IN PART. — The finding of the probate court that the estate was closed was reversed by unanimous decision; the finding of the probate court that the family-settlement agreement settled and released the cause of action for wrongful death was reversed; the finding of the probate court that the survival action of the estate could not be maintained was affirmed.
PER CURIAM.
In the case at bar, the decision of this court is as follows.
The finding of the probate court that the estate was closed is reversed by unanimous decision as expressed in the opinion authored by Judge Roaf.
[1] The finding of the probate court that the family-settlement agreement settled and released the cause of action for wrongful death is reversed upon the opinion authored by Judge Roaf, as joined by Judge Crabtree, and the opinion authored by Judge Rogers, as joined by Judge Pittman, with Chief Judge Robbins and Judge Neal dissenting.
The finding of the probate court that the survival action of the estate cannot be maintained is affirmed as expressed in the opinion authored by Judge Roaf, as joined by Chief Judge Robbins and Judges Neal and Crabtree, with Judges Rogers and Pittman dissenting.
It is so ordered.