HEATH v. SIMS

No. A99A2055.

531 S.E.2d 115 (2000)

242 Ga. App. 691

HEATH v. SIMS et al.

Court of Appeals of Georgia.

Certiorari Denied September 11, 2000.


Attorney(s) appearing for the Case

Caldwell & Watson, Harmon W. Caldwell, Jr., Wade H. Watson III, Melissa S. Price, Atlanta, for appellant.

Chesnut & Livingston, Tom Pye, Doraville, for appellees.


RUFFIN, Judge.

This case involves the issue of whether a probate court has jurisdiction over a claim against executors of an estate in which the claimants seek payment of damages for breach of a fiduciary duty. For reasons that follow, we hold that it does.

Brenda Sims Heath, a beneficiary under the will of Curtis Sims, filed a petition in probate court seeking the removal of the estate's executors, Wayne Michael Sims and Fred Edward Sims. On March 11, 1997...

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