In re Estate of Goldner

HURLEY, Judge.

The issue in this case is whether the probate court, without first removing a co-personal representative pursuant to the provisions of Section 733.504, Florida Statutes (1977), may authorize the other personal representative to act without the consent of his co personal representative. We answer in the negative and therefore reverse.

Stella Sternberg Goldner died on July 28, 1977. Her will named her husband, Albert Goldner, and her son, Calvin Sternberg, as her executors and trustees. Thus, upon admitting the will to probate, the court appointed Albert Goldner and Calvin…