In Re Estate of Moriarty

Ruffin, Presiding Judge.

Edward Moriarty named his wife, Catherine Moriarty (“Moriarty”), as executor in his will. After Edward’s death, his daughter, Maureen Moriarty Weare (“Weare”), filed a caveat, petitioning to have Moriarty disqualified as executor. The probate court granted the caveat, disqualified Moriarty, and appointed Weare as executor. On appeal, Moriarty argues that the probate court lacked jurisdiction to rule upon the caveat because the will was probated in common form. She also asserts that the probate court erred in disqualifying her as executor. For reasons that follow, we…