Roley v. Sammons

Plaintiff, Kenneth L. Roley, appeals a declaratory judgment of the probate court that construes his mother’s will. He assigns error to the probate court’s interpretation of the will to require a division of the estate between plaintiff and his nephew, defendant Christopher P. Sammons. Plaintiff also assigns error to the probate court’s order removing him as the personal representative of the estate on the ground of conflict of interest. We affirm the declaratory judgment as to the will construction and reverse the order removing plaintiff as the personal representative.

Testator, Elvada E.…