Estate of Davidson, No. 05-15-00432-CV, 2016 WL 4254487 (Tex. App.—Dallas Aug. 11, 2016, no pet.).
The probate court appointed co-executors of the
testator’s estate. Later, a beneficiary of the will petitioned the court
to remove the co-executors from office and to recover damages, costs,
and attorney fees. The court granted the motion to remove the
co-executors and thereafter appointed the beneficiary as the dependent
administrator with the will annexed. Over one year later, one of the
removed co-executors challenged the court’s order removing him from
office. The removed co-executor then moved for a new trial and the
probate court denied the motion. An appeal followed.
The appellate court instructed the parties to
address the issue of whether the original removal order was appealable.
The court held that the order was final and rejected the removed
co-executor’s claim that it was not final because there were still
related clams pending in the underlying probate action. The court
explained the Texas law is clear that an order removing a personal
representative is appealable as it adjudicates a substantial right.
Moral: A judgment removing a personal
representative from office is a final judgment for appellate purposes.