In re Estate of Fitzsimmons

¶ 1. Appellant Joanne Fitzsimmons Balkam appeals the superior court’s partial summary judgment decision which reversed a probate court decision that had granted her permission, as executor of her mother’s estate, to physically partition and sell parts of a real estate property to make a division between the heirs of her mother’s residual estate. The appellees are two of her brothers, Dennis and James Fitzsimmons. We reverse and remand.

¶ 2. The facts related to this appeal are simple enough. Doris Fitzsimmons, a resident of New York, died testate on August 9, 2006. The will named Joanne…