In Re Estate of Lucas

This is an appeal from an order of the circuit court of Mason County authorizing the filing of a lawsuit for mismanagement of estate assets by a special administrator with will annexed and removing the original executor as a personal representative.

Scott W. Lucas, Sr., died testate February 22,1968. Scott W. Lucas, Jr., appellant herein (hereafter Lucas), and Allen T. Lucas, Sr., were appointed coexecutors. The will created a testamentary trust of certain assets, the income payable to Lucas for life and, upon his death, the remainder to his children, some of whom are still minors. A portion…