Legal Opinion
Heath v. Sims
Court of Appeals of Georgia
Decided March 10, 2000No. A99A2055PublishedCited by 16 opinions
1Opinion of the Court
Ruffin, Judge.
This case involves the issue of whether a probate court has jurisdiction over a claim against executors of an estate in which the claimants seek payment of damages for breach of a fiduciary duty. For reasons that follow, we hold that it does.
Brenda Sims Heath, a beneficiary under the will of Curtis Sims, filed a petition in probate court seeking the removal of the estate’s executors, Wayne Michael Sims and Fred Edward Sims. On March 11, 1997, the probate court issued an order stating that “one or both Co-Executors may have certain conflicts of interest and may not have handled…
2Cases cited7 opinions
- Moody v. MendenhallSupreme Court of Georgia · 1977
- Empire Fire & Marine Insurance v. Metro Courier Corp.Court of Appeals of Georgia · 1998
- Herring v. Standard Guaranty InsuranceSupreme Court of Georgia · 1977
- Gary v. WeinerCourt of Appeals of Georgia · 1998
- Gaines v. JohnsonSupreme Court of Georgia · 1961
2 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Morrison v. MorrisonSupreme Court of Georgia · 2008
- Benefield v. MartinCourt of Appeals of Georgia · 2005
- Crowe v. ElderSupreme Court of Georgia · 2012
- In Re Estate of SimsCourt of Appeals of Georgia · 2000
- Margaret Blair Trust v. BlairCourt of Civil Appeals of Oklahoma · 2016
11 more not listed; retrieve them via the Exa API.