Travis v. Travis
Travis v. Travis
Opinion of the Court
The parties to this appeal are siblings whose late mother’s will named appellee Jane Travis (JT) executrix of their mother’s estate. Appellants Karl Travis (KT) and Marianne Travis (MT), JT’s brother and sister, filed a motion in probate court to cite JT for contempt for having failed to convey specific property to them. The motion alleged the will required the devise to each of them of a one-third undivided interest in each of three parcels of land and, citing OCGA § 53-8-15 (d), sought an order requiring JT to deed the property as they claimed the will required. After a hearing, the probate court entered an order citing OCGA § 53-8-10 (a) as authority for a personal representative to sell or lease property and noting that JT is attempting to sell two of the properties, the testatrix’s home and a tract of undeveloped land, and that KT and MT are receiving income from the third property pursuant to a lease between JT and their mother. The probate court concluded by ordering JT to provide an annual accounting, to communicate in writing concerning any change in the status of the estate or the sale of two of the properties, and to provide access for KT and MT to all records pertaining to the accounting, but denying all other requested relief. The position taken by KT and MT in the trial court and on appeal is that the will required the real property at issue be deeded to them rather than permitting JT to sell or lease the properties and distribute their share of the proceeds to them, and that OCGA § 53-8-15 (d) entitled them to an order requiring JT to issue the deeds.
Item V of the will bequeaths his father’s tools and personal belongings to KT, her mother’s personal belongings to MT, and the right to continue leasing specified realty to JT, all of which are specific
Judgment affirmed.
Reference
- Full Case Name
- TRAVIS v. TRAVIS
- Status
- Published