In Re Estate of Phillips

Mr. JUSTICE THOMAS J. MORAN

delivered the opinion of the court:

The defendant appeals from an order by which he was removed as administrator with will annexed of the estate of Don R. Phillips.

The issue on appeal is whether defendant had a conflict of interests with the estate sufficient to constitute “other good cause” for removal under the Probate Act, Ill. Rev. Stat. 1969, ch. 3, par. 276(a) (10).

There was an interdependent relationship of decedent’s will to an inter vivos trust of which he was grantor, and a corporation founded by him and his wife. The residuary clause of the will left the…