Matter of Estate of Stone

The District Court for Madison County denied a petition to terminate the appointment of R. Thomas Garrison as the personal representative of this estate. We reverse and remand to the District Court.

The issue is whether the District Court abused its discretion by refusing to remove the personal representative.

Robert Emerson Stone died in December 1980. His will designated his attorney, R. Thomas Garrison, as personal representative for the estate and as trustee for any beneficiary who was a minor. Mr. Stone’s daughter and son, then 21 and 13, were named as devisees. The will was admitted to…