Carpenter v. Carpenter

Hunstein, Justice.

Appellants Gloria and Steven Carpenter appeal from the dismissal of their caveat to the will of Everett “Leroy” Carpenter by the Superior Court of Dougherty County. We agree with appellants that the superior court lacked jurisdiction over the probate of the decedent’s will and accordingly reverse.

1. Prior to the decedent’s death, appellee Alvin Carpenter filed a suit in superior court on behalf of the decedent seeking, inter alia, the cancellation of a deed out of Leroy Carpenter to appellant Gloria Carpenter. Upon the decedent’s death, appellee propounded his will in the…