Marvin Johnson, PC v. Myers

OPINION

MARTONE, Justice.

We are asked to decide whether there is a jurisdictional bar to the power of a judge of the superior court to order the consolidation of a probate proceeding with a civil action brought by the estate being probated, against its former personal representative and lawyers, alleging improprieties in connection with the probate. We hold that there is no such bar.

I. The Proceedings

Keith Curtis died. Neil T. Roberts, a lawyer with the office of Marvin Johnson, P.C., filed an application for the appointment of Delmar Whitehead as the personal representative of Curtis’s…