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In re Roots’ Estate, 596 S.W.2d 240

Facts

George T. Roots appointed The First National Bank of Amarillo and his wife as joint independent executors in his will. After his death, his wife and daughter, the primary beneficiaries, sought to have the bank removed as executor, claiming it intended to charge exorbitant fees. The bank contested this, asserting its qualifications and seeking to be appointed as executor. The trial court ultimately ruled in favor of the bank, leading to the appeal.

By his last will and testament, George T. Roots, deceased, provided for the independent administration of his estate, and appointed The First National Bank of Amarillo and his wife, Gladys Arnold Roots, as joint independent executors and trustees of the trusts created by his will.

Issue

Does proof of a bank's intent to charge excessive compensation constitute grounds for the court to find that the appointed independent executor is 'unsuitable' under Texas Probate Code Section 78(f)?

does proof of the bank's intent to charge excessive compensation constitute a ground for the court to find that the appointed independent executor is 'unsuitable' within the meaning of Section 78 (f)?

Rule

The court determined that the testator has the absolute right to select an independent executor, and the court cannot disqualify an executor based solely on the amount of compensation intended to be charged.

the court is not empowered to hold an independent executor named in a will is unsuitable merely because the compensation intended to be charged for serving is excessive.

Analysis

The court analyzed the Texas Probate Code and previous case law, concluding that the legislature did not intend for the qualification of an independent executor to be contingent upon the fees they intend to charge. The court emphasized the established principle that a testator's choice of executor is paramount and that concerns about compensation do not equate to unsuitability.

the inquiry becomes whether the legislature intended by this enactment to digress from the time-honored principles so as to permit the court to disqualify an appointed independent executor on the ground that the compensation intended to be charged is excessive.

Conclusion

The court affirmed the trial court's judgment, ruling that the bank was qualified to serve as an independent executor despite the allegations of excessive fees.

Accordingly, the judgment of the trial court is affirmed.

Who won?

The First National Bank of Amarillo prevailed in the case because the court found that the bank's appointment as independent executor was valid and that concerns about its fees did not disqualify it.

the bank prayed that the will be admitted to probate and that the bank and Mrs. Roots be granted letters as joint independent executors.

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