Harp v. Pryor

According to the majority, “[i]n most cases, distributions in kind from different classes of property that result in equal beneficiaries receiving equal value would not show a violation of the executor’s duty. But under the peculiar facts of this case, such does.” Majority opinion, p. 479. I submit that there is nothing “peculiar” about this case and the probate court correctly found that the distribution proposed by the executor did not violate the terms of the testatrix’s will.

The executor “ ‘has the sacred duty of standing in the place of the deceased and administering [her] estate as…