Ocoma Foods Co. v. Newman

(dissenting) — I dissent. I agree that the failure of the executors in this case to obtain an order of solvency before proceeding with the administration of the estate without court intervention constituted a valid ground for their removal. However, removing executors from estates is peculiarly in the wide discretion of the trial court. State ex rel. Carlson v. Superior Court, 47 Wn. (2d) 429, 287 P. (2d) 1012 (1955); In re Wolfe’s Estate, 186 Wash. 216, 57 P. (2d) 1066 (1936).

In the instant case, the trial court did not remove the executors on this ground alone. This was only one ground…