This is the second appearance of this case before this Court. In Norman v. Gober, 288 Ga. 754 707 SE2d 98 2011, we considered whether eleven-year-old William Howard Norman had standing to challenge the will of his maternal grandmother, Margaret Susan Scheer, because he was not an heir-at-law when his caveat was filed. There, we set forth the underlying facts of this case as follows:
The record shows that Margaret Susan Scheer “Decedent” died on February 12, 2010, leaving behind a Last Will & Testament dated April 23, 2006 and a First Codicil dated June 10, 2009 collectively the “Will”. Merrilee Aynes Gober, a daughter of Decedent, and Deborah Ann Goot, a close friend of Decedent, were named Co–Executors under the Will, and, on February 22, 2010, they filed petitions to probate the Will in solemn form and in common form. On February 23, 2010, the probate court granted the petition to probate the Will in common form, and, on May 7, 2010, Dana Joel Norman, the husband of one of Decedent’s daughters, Lyncia Aynes Norman, filed a caveat on behalf of his minor son, William Howard Norman “Caveator”. Caveator’s mother is named as a beneficiary under the Will with a present interest created by a specific bequest of money. The Will, which contains an in terrorem clause, further provides that the residue of Decedent’s Estate is to be placed in trust for the benefit of another one of Decedent’s daughters, Stacy Meredith Scheer Branning, during her lifetime. Upon Branning’s death, any amounts remaining in the residuary trust are to be distributed equally to Decedent’s other living children, including Caveator’s mother. Caveator’s mother also has the power to appoint her interest, if any remains at Branning’s death, to the beneficiary of her choice in a will of her own. Decedent’s Will also provides that, if any of Decedent’s children are deceased when Branning dies, then his or her descendants potentially including the Caveator are to receive his or her parent’s share, unless that parent has exercised a power of appointment through his or her will. Accordingly, the Caveator is a contingent residuary beneficiary under Decedent’s Will. At present, because Caveator’s mother is an heir-at-law and alive, it is undisputed that Caveator is not an heir-at-law. See OCGA § 53-2-1c3. . . . On May 13, 2010, the Co-Executors timely filed a motion to dismiss the caveat, arguing that Caveator lacked standing. Caveator did not file a response, and, on June 24, 2010, the probate court dismissed the caveat due to Caveator’s lack of standing. On the same day, the probate court also granted the Co-Executors’ petition to probate the Will in solemn form.
