Benefield v. Martin

Ellington, Judge.

A Hall County Superior Court judge dismissed Virginia Benefield’s complaint against E. B. Martin and J. C. Martin finding that the claims belonged in probate court. We find no error and affirm.

According to the complaint, Benefield’s father died in 1972 and her mother died in 1987. Benefield’s brother, J. C. Martin, was appointed executor of their father’s will, and her brother, E. B. Martin, was appointed executor of their mother’s will. In 1999, J. C. Martin was substituted as executor for the mother’s will.

Benefield claimed that she was entitled to one fifth of her father’s…