In Re Estate of Ellra Donald BosticAnnotate this Case
Authoring Judge: Judge J. Steven Stafford
Trial Court Judge: Judge Douglas T. Jenkins
Decedent s sister was appointed as executor of the estate and subsequently filed a will contest complaint regarding a single bequest in the will. The trial court removed sister as executor and appointed an administrator pendente lite. Ultimately, the trial court dismissed sister s will contest on the basis that the sister was estopped from attacking the will after her appointment as executor. Sister appeals. We affirm the trial court s ruling with regard to sister s standing to contest the will. However, we vacate the trial court s dismissal of sister s will contest on the basis of estoppel and remand for further proceedings consistent with this Opinion. Affirmed in part, vacated in part, and remanded.