Robbins v. Vanbrackle

In her will, Mary M. Vanbrackle (Testatrix) named her mother as executrix and further provided that, “in the event that [her] mother should predecease [her],” then her daughter, Joy Robbins, was to serve as executrix. At the time of Testatrix’s death, her mother was still living, but was incompetent to serve as executrix. When Testatrix’s will was offered for probate, her son, Alton Vanbrackle, objected to the appointment of Ms. Robbins as successor executrix. The probate court admitted the will to probate and appointed Mr. Vanbrackle as administrator with will annexed because a majority of…