Sales v. Passmore

OPINION

FULLER, Justice.

Appellee was named in a will as co-independent executor. The will was admitted to probate and letters testamentary were issued without any contest. Appellant, a legatee under the will, thereafter sought to remove Appellee on the grounds that at the time the will was probated and the appointment of Appellee as co-independent executor, the Appellee was a convicted felon; therefore, he was disqualified from serving as an independent executor under the will. Appellee responded by filing a plea to the jurisdiction of the probate court to entertain such removal motion. The…