Boyles v. Gresham

Section 78 of the Texas Probate Code, Vernon’s Texas Civ. Stat., provides that no person may serve as executor or administrator of an estate who, among other things, is a minor, an incompetent, an alien, a felon “or a person whom the Court finds to be unsuitable.”

In his will, Lon Gresham named U. C. Boyles to be independent executor of his will and estate. Gresham having died, his will was admitted to probate, and a contest arose as to Boyles’ suitability. 1 Boyles, in good faith, asserted a claim against the estate and also certain rights for himself and his sons under the will. The question…