In re the Estate of Sperrle

Frank D. Paulo, S.

The decedent is survived by her husband and her two adult children. In her will she nominated her son, Erwin, and her daughter, Gladys, as her executors.

Erwin has filed objections to the competency of his sister to serve as executrix and Gladys, joined by her father, decedent’s widower, has filed objections to Erwin’s competency to serve as executor.

A nominated executor cannot lightly be denied letters testamentary. The court may not substitute its judgment for that of the testatrix. The grounds upon which the court may find a nominated executor incompetent to serve are set…