Matter of Estate of Cutler

SNELL, Judge.

This appeal queries whether an executor can be removed for acts done prior to his appointment where there is no claim of malfeasance as executor. R.H. Henstorf was appointed executor for the Estate of Leona Cutler on July 11, 1983. He had also served as executor for the estate of her husband, Otway W. Cutler, who died on November 26, 1975. Leona Cutler was the sole beneficiary under her husband’s will.

From the date of Otway Cutler’s death, Henstorf helped Leona Cutler with her financial affairs. He went to see her two, three, or four times a week, bringing her cash from the bank…