Deloriouse Morgan, executrix of the estate of Kenneth Roscoe Mask, appeals from the trial court’s grant of a request by Mask’s daughters, Micky Johns and Sherry Johns, for an interlocutory injunction preventing Morgan from withdrawing or otherwise using certain funds pending the outcome of a challenge to Mask’s will in probate court. Morgan contends that Mask’s daughters lack standing to pursue this action and, therefore, that the trial court erred in denying her motion to dismiss. For the following reasons, we agree and reverse the court’s order. The record shows the following relevant facts. Mask had three children, two daughters appellees herein and a son, who is not a party to this appeal. For about three years prior to his death in June 2004, Mask had cancer and was in poor health, and Morgan took care of Mask. In March 2003, Mask executed a power of attorney in favor of Morgan. Then, in April 2004, Mask executed a Last Will and Testament in which he named Morgan as sole executrix and sole beneficiary of his estate. Mask specifically excluded his three children from taking anything under the will. On the morning of June 2, 2004, Mask closed on the sale of some real estate property with the assistance of Morgan, who was acting under her power of attorney. Pursuant to the sale, Mask received a check in the amount of $734,250. According to Morgan, that same afternoon, Mask endorsed the check and gave it to her as a gift, instructing her to deposit it into her personal bank account. Morgan went to the bank and, at approximately 4:00 p.m., opened an account in her own name and deposited the check. Mask died at 6 p.m. that day, just hours after the real estate closing.
Morgan, as the named executrix, filed a petition to probate the will in solemn form in the Probate Court of Butts County. Mask’s daughters filed a caveat and an objection to the nominated executor. They also filed a complaint against Morgan in the Superior Court of Butts County, alleging fraud, conversion, and breach of fiduciary duty, asking the court to set aside the gift, and asking for a temporary restraining order and an interlocutory injunction. The daughters contended that a restraining order or injunction was necessary to prevent Morgan from transferring or using the proceeds before the probate court proceeding was completed. Morgan filed a motion to dismiss the complaint, alleging the daughters did not have standing to pursue the superior court action. Following a hearing, the trial court denied the motion to dismiss and granted an interlocutory injunction preventing Morgan from withdrawing, converting to cash, or otherwise using the $734,250 in proceeds from the sale.
