Benefield v. Martin

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• noting that probate courts have the authority to, among other things, “remove executors”
• superior court can exercise concurrent jurisdiction over administration of estates only when complete and adequate remedies at law are unavailable
• the “probate court can order an accounting, remove executors or require they post additional security, or issue such other order as in the probate court’s judgment is appropriate under the circumstances of the case” to address issues pertaining to the performance of executors
• the “probate court can order an accounting, remove executors or require they post additional security, or issue such other order as in the probate court’s judgment is appropriate under the circumstances of the case” to address issues pertaining to the performance of executors
• superior court had no basis for exercising concurrent jurisdiction over claim for estate accounting where plaintiff only sought remedy of damages for her fraud claim and had not shown that her remedies at law were inadequate for her breach of fiduciary duty claims

Source: CourtListener parenthetical corpus (CC0).