Higginbotham v. Rice

Fletcher, Presiding Justice.

Executor John J. Higginbotham filed a petition to probate the June 10, 1996, will of his aunt, Sarah Higginbotham Hale. Hale’s niece and heir at law, Doris Rice, filed a written objection which the probate court dismissed as insufficient and untimely. The Court of Appeals for the State of Georgia reversed on the grounds that Rice received insufficient notice.1 Because we conclude that the citation mailed to Rice gave her adequate notice of the deadline for filing a caveat to the will, we reverse.

Higginbotham filed the petition on September 29, 1997, and the trial…