In re Estate of Moriarty

Although probate courts lack jurisdiction to address challenges to validity of wills probated in common form, the probate court had jurisdiction to address a caveat challenging an executor's ability to serve.

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Edward Moriarty named his wife, Catherine Moriarty “Moriarty”, as executor in his will. After Edward’s death, his daughter, Maureen Moriarty Weare “Weare”, filed a caveat, petitioning to have Moriarty disqualified as executor. The probate court granted the caveat, disqualified Moriarty, and appointed Weare as executor. On appeal, Moriarty argues that the probate court lacked jurisdiction to rule upon the caveat because the will was probated in common form. She also asserts that the probate court erred in disqualifying her as executor. For reasons that follow, we affirm. 1. According to Moriarty, a probate court lacks jurisdiction to disqualify the executor of a will probated in common form. We disagree.

Moriarty’s argument stems from a line of cases holding that “there is no provision for caveat or other objection to a probate in common form.”1 In looking at the genesis of this rule, it seems that the prohibition is against challenging the validity of the will itself. Specifically, in Hooks v. Brown , which appears to be the first case that enunciated the rule, the Supreme Court held that the ordinary is without jurisdiction to entertain a caveat interposed by an objecting party or to pass upon the issue of devisavit vel non, attempted to be raised thereby, at this stage of the proceedings, and, of course, can render no decision as to the validity of the will which can properly be made the subject-matter of an appeal.2 Translated into modern vernacular, this means that a probate court lacks jurisdiction to address a challenge to the validity of a will probated in common form.3 The proper method for challenging the validity of such will is to petition the probate court to probate the will in solemn form.4 If the petition is denied, “the effect is to set aside probate in common form and declare an intestacy.”5

In re Estate of Moriarty

Although probate courts lack jurisdiction to address challenges to validity of wills probated in common form, the probate court had jurisdiction to address a caveat challenging an executor's ability to serve.

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