Bell v. Still

WILSON, Justice.

The single question in this case is whether the probate court has jurisdiction to remove an independent executor for alleged mismanagement and malfeasance in the administration of an estate. The probate court and the district court on appeal concluded the probate court did not have this power. We affirm.

The case presents construction problems concerning Texas Probate Code Sec. 222 (b), Acts 1955, 54th Leg., p. 88, ch. 55, V.A.T.S. The statutory predecessor of this section governing removal of representatives was Art. 3467, Vernon’s Ann. Civ.Stat., which provided that an…