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Benefield v. Martin

The plaintiff's claims against her brothers arising out of their administration of their parents' estates were within the probate court's jurisdiction.

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A Hall County Superior Court judge dismissed Virginia Benefield’s complaint against E. B. Martin and J. C. Martin finding that the claims belonged in probate court. We find no error and affirm. According to the complaint, Benefield’s father died in 1972 and her mother died in 1987. Benefield’s brother, J. C. Martin, was appointed executor of their father’s will, and her brother, E. B. Martin, was appointed executor of their mother’s will. In 1999, J. C. Martin was substituted as executor for the mother’s will.

Benefield claimed that she was entitled to one fifth of her father’s estate, but that J. C. Martin failed to distribute the estate’s assets and failed to comply with any of his duties as executor of the estate, thereby depriving Benefield of her share of the estate. Benefield also contended that she was entitled to one quarter of her mother’s estate, but that E. B. Martin failed to distribute the estate’s assets. Furthermore, Benefield maintains that after J. C. Martin was substituted as executor, he also failed to distribute the estate’s assets, thereby depriving Benefield of her inheritance. As a result of J. C. Martin’s and E. B. Martin’s alleged breaches of fiduciary duty, Benefield asserted claims for damages and other relief, including damages for fraud, breach of contract, and negligence, and prayers for an equitable accounting, equitable administration, appointment of a receiver, and an order requiring defendants to specifically perform their duties, among other things.

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