Dingwell v. Kurth

REES, Justice.

This appeal is from an order of the district court appointing a successor executor on the death of one of the appointed and qualified executors of the estate of N. M. Mackey, deceased. The appellant asserts the trial court erred in appointing a successor executor when the will specifically provided that the surviving qualified executor should be permitted to serve alone. We affirm the trial court.

N. M. Mackey, a resident of Carroll County, died testate on September 17, 1970. He was survived by his widow, Frances J. Mackey, and by one daughter, Fern Evelyn Mackey Dingwell, the…