Pitts v. Attaway

Weltner, Justice.

Attaway bequeathed rental property to his widow for life, with remainder to his children. The widow elected to take under the will in lieu of a year’s support. The executor, Pitts, sold the rental property to pay debts of the estate. The widow filed suit in Paulding County Superior Court, alleging fraud and waste. Before the court ruled, she filed a petition in Cobb County Probate Court for an accounting and for removal of Pitts as executor.

The superior court entered an order specifically finding that the sale was valid. Subsequently, the probate court removed the executor…