Monson v. A.G. Betancourt

OPINION

SEERDEN, Justice.

In this original proceeding, relators, Milton M. Monson, Jr., and his sister Darlene Monson, ask this court to compel respondent, the Honorable A.G. Betancourt, to appoint Milton Monson, Jr., as co-executor of his father’s estate. We agree that the trial court had no discretion to refuse the appointment under the circumstances of this case. We conditionally grant the writ.

The record reflects that Milton Monson’s will was admitted to probate on June 6, 1991. The testator named both relators as co-independent executors of the will. In accordance with the will, the…