This Court granted certiorari to the Court of Appeals in Morgan v. Johns , 276 Ga. App. 366 623 SE2d 219 2005, to consider whether the heirs at law in this case have an “interest in the estate” within the meaning of OCGA § 23-2-91 2.1 For the reasons which follow, we conclude that the heirs at law, though not beneficiaries under the purported will, have such a statutory “interest in the estate.” The relevant facts are outlined in the opinion by the Court of Appeals. Delorouise Morgan was Kenneth Roscoe Mask’s caregiver for the last few years of his life, during which time he was in poor health. Mask executed a power of attorney in favor of Morgan in March 2003, and executed a last will and testament in April 2004, in which Morgan was named sole executrix and sole beneficiary of Mask’s estate. Mask’s son and two daughters, Micky Johns and Sherry Johns, were specifically excluded from taking anything under the will. On June 2, 2004, Morgan assisted Mask in closing a real estate sale. Mask received a check for $734,250 which he endorsed over to Morgan. Morgan, purporting to act on Mask’s instructions that the money was a gift to her, opened a bank account in her name only and deposited the check. Mask died approximately two hours later.
After Morgan offered Mask’s will for probate, Micky Johns and Sherry Johns filed a caveat to the will and an objection to Morgan as executrix. The Johnses also filed a complaint against Morgan in superior court, alleging fraud, conversion, and breach of fiduciary duty; they asked the court to set aside the alleged gift and to grant a temporary restraining order and an interlocutory injunction to prevent Morgan from using or transferring the money pending the outcome of the case. Morgan moved to dismiss the complaint for lack of standing. The superior court denied the motion to dismiss and granted an interlocutory injunction preventing Morgan, inter alia, from withdrawing, converting to cash, or otherwise using the $734,250 from the land sale.
