Austin v. Austin

OPINION

REID, Justice.

This case presents for review the decision of the probate court, affirmed by the Court of Appeals, that the personal representative in this case may, in his discretion, distribute certain corporate stock in kind rather than sell the stock and distribute the proceeds. The decision misconstrues applicable law and is reversed.

The parties, Elizabeth T. Austin, appellant, and Christy N. Austin and Robert C. Austin, Jr., appellees, are the children and only descendants of the decedent, Mary Elizabeth Timmons Austin, who by her last will and testament willed her entire estate to…