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In re Estate of Thomas Edward Davis

Probate court had grounds to remove executor of estate because he destroyed pornographic material in decedent's home and on his computer that was relevant to a child molestation suit pending against the estate.

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In October 1997, Thomas Edward Davis, Jr. “Ted Davis” or “decedent” committed suicide after being accused of molesting two of his brother Jeffrey’s children. Pursuant to the terms of his will, his father, Thomas Edward Davis, Sr. “Davis” or “Ed Davis”, was made executor of his estate and sole residual beneficiary. Jeffrey Davis and his wife Leigh, individually and on behalf of their two children, petitioned to remove Davis as executor because he had destroyed evidence relevant to their lawsuit against the estate.1 After a hearing, the probate court granted the petition, and Davis appeals. Because removal was within the probate court’s discretion, we affirm.

The relevant facts are as follows. At some point in mid-October 1997, Ted Davis learned that a warrant had been issued for his arrest on molestation charges. On October 22 or 23, 1997, after learning of the charges, he committed suicide. On the afternoon of October 23, concerned because Ted had missed a scheduled appointment, Ed Davis went to Ted’s house and found the police already on the scene. The police informed him that they had found Ted’s body while attempting to serve an arrest warrant for sexual molestation. Ed Davis understood at the time that his son Jeffrey had instigated the warrant, and that Ted was accused of molesting Jeffrey’s children. Detective Wiley, one of the investigating officers, told Davis that he had discovered some sexually explicit materials in the house, and that he suspected more such material would be found.

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