Preuss v. STOKES PREUSS

Sears, Presiding Justice.

This appeal involves the issue whether an in terrorem clause in a will applies to an action to remove a co-executor of the will. The probate court ruled that the clause did not bar such an action, and for the reasons that follow, we affirm.

The appellant, Charles Preuss (Mr. Preuss), and the appellee, Willowreen Stokes-Preuss (Ms. Stokes-Preuss), are the co-executors of Harold Preuss’s will. Mr. Preuss and Ms. Stokes-Preuss are also beneficiaries under the will. The will contains an in terrorem clause that provides that if any beneficiary of the will contests

the…