McCarley v. McCarley

Phipps, Judge.

In her capacity as executrix of Earl McCarley’s estate, his second wife sought to probate his will. Three of McCarley’s natural children by his first marriage filed a caveat, which the probate court denied. The children appealed to superior court. In successive order, the appeal was dismissed, the executrix died, and the successor co-executors named in the will filed an OCGA § 9-15-14 motion for an award of attorney fees and litigation expenses against the caveators and their attorney, Johnson.

The caveators and counsel moved to dismiss the motion because the co-executors had…