Fried v. Fried

Ann McManamon, Chief Judge.

This cause raises the issue of our jurisdiction to entertain the appeal of a probate court order by the fiduciary of an estate when that order is not adverse to the fiduciary in his official capacity. We hold that we are without such jurisdiction.

In January 1988, Kenneth Fried, the executor of the estate of his mother, Beatrice Kottler, filed an amended complaint in the probate court against the beneficiaries seeking authority to sell the decedent’s real estate in order to pay debts. The named defendants included Fried in his individual capacity, as well as the…