Estate of Backer

Opinion

CARR, J.

John Backer appeals from a judgment of the probate court denying his petition for appointment as executor of his deceased brother’s estate and appointing decedent’s adult sons, Richard and Thomas Backer, administrators with will annexed. The sole issue on appeal is whether the probate court has discretion to deny appointment of an executor nominated by will on the ground that a conflict of interest exists between such executor and the estate.

We observe initially that the will in which appellant was nominated executor was executed over 40 years ago, on March 31, 1942, at which…