Smith v. Miller

NIMMONS, Judge.

Appellant, Lloyd R. Smith, appeals from a final order appointing a curator to preserve the property of the estate rather than appointing him personal representative as specified in the will. We reverse.

The decedent, Mallory T. “Pete” Miller, executed his last will and testament on November 4, 1987, naming his nephew, the appellant, sole beneficiary and personal representative of his estate. Miller died almost two years later, and the appellant filed a petition for administration the same month. The decedent’s half-brother, John G. Miller (appellee herein), filed a petition for…