D'UNGER v. De Pena

OPINION

The issue in this mandamus proceeding is whether the probate court abused its discretion by refusing to release probate assets to an independent executor who replaced the court-appointed dependent administrator.

Following a will contest, the probate court appointed Geraldine D’Unger McGloin, the daughter of the testator Marie Justine D’Un-ger, as the temporary and then the permanent administrator of her mother’s estate. Three years later, Marie Justine D’Unger’s will was admitted to probate by agreement of the interested parties to the will. As directed by the will, and by the agreement…