Bandy v. Elmo

HUNSTEIN, Presiding Justice.

During the course of appellant Susan Jane Bandy’s administration of her mother’s estate, the probate court encountered a conflict in the will that required construction of one of its provisions regarding the disposition of real property devised to appellee Joseph Elmo, who is appellant’s stepfather. Pursuant to OCGA § 53-7-75, the probate court ordered the case removed to the Superior Court of Catoosa County. Three months after the removal, appellee filed an action for declaratory judgment in the superior court seeking construction of the same will provision that…