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In Re The Estate Of Elinor J. Ferrell

CourtCourt of Appeals of Georgia
Docket No.A21A1361
DecidedMarch 4, 2022
Reporter322 Ga. App. 316
JudgesCourt of Appeals of Georgia
Tags
CivilProperty LawCivil ProcedureStatutory InterpretationAppellate ProcedureReversalRemand
Case Summary

After Elinor Ferrell died, her son petitioned to probate her will in solemn form. Several siblings filed a caveat alleging, among other things, lack of testamentary capacity, lack of knowledge of the will’s contents, undue influence, and failures concerning their mother’s care. The probate court admitted the will, appointed the son executor, dismissed the caveat, and denied his motion for attorney fees under OCGA § 9-15-14. The Court of Appeals of Georgia reversed the fee ruling. It held that the caveators’ claims presented at least a justiciable issue of law or fact, and that the probate court had not properly resolved whether the evidence supported fees under the statute. The appellate court rejected reliance on an earlier injunction concerning estate property because that injunction preserved the status quo and did not decide the merits of the will challenge. The case was remanded for an evidentiary hearing on the amount of reasonable fees. The court did not reach the alternative statutory-fee ground.

Opinion

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