A & W INDUSTRIES, INC. v. Day

OPINION

DAY, Justice.

Appellant A & W Industries (“A & W”) brings this appeal from the trial court’s order dismissing its motion to remove Appellees James M. Day and Ramona Day (“Appel-lees”) as independent co-executors of the estate of Tommy Joe Day, deceased. A & W asserts in a single point that the trial court erred in holding that A & W lacked standing to sue for Appellees’ removal as a matter of law. Because A & W failed to both plead and prove that it was an “interested person” under section 3(r) of the probate code, we affirm. See Tex. PROB.Code Am. § 3(r) (Vernon Supp.1998).

BACKGROUND

Bec…