Estate of John P. GaranAnnotate this Case
The Supreme Court reversed the decision of the superior court granting summary judgment in favor of Appellee on the basis that Appellant failed to perfect her probate appeal under R.I. Gen. Laws 33-23-1, holding that Appellant perfected her probate appeal.
Appellant, the surviving spouse of the decedent, filed a claim of appeal after the decedent's will, which named Appellee as executrix and left his law firm assets to her, was admitted to probate. The hearing justice granted summary judgment for Appellee, concluding that Appellant did not comply with the statutory requirements of section 33-23-1. The Supreme Court reversed and remanded the case, holding that there was competent evidence proving the existence of a disputed issue of material fact.