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KAPPUS v. KAPPUS

No. 08-0136.

284 S.W.3d 831 (2009)

John KAPPUS, Petitioner, v. Sandra L. KAPPUS, Respondent.

Supreme Court of Texas.

Decided May 15, 2009.

Attorney(s) appearing for the Case

William C. Odeneal Jr., Logan Odeneal, Odeneal & Odeneal, Dallas TX, for Petitioner.

Richard E. Swift Jr., Law Office of Dick Swift, Palestine TX, for Respondent.

Justice WILLETT delivered the opinion of the Court.

This appeal concerns whether an independent executor's alleged conflict of interest—here, a good-faith dispute over the executor's percentage ownership of estate assets—requires his removal as a matter of law. Probate Code section 149C lists several grounds for removing an executor, but "conflict of interest" (either actual or potential) is not among them, and we refuse to engraft such a test onto the...

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