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In the Estate of Melvin J. anderegg, Deceased.

The executors of a will challenge the trial court's finding that they committed gross misconduct and removing them as executors. The executors borrowed from the estate after the judge instructed them not to do so, and used the decedent's credit card for personal expenses after being advised by counsel not to do so. "Gross misconduct" means glaringly obvious or flagrant misconduct. The trial court's judgment is affirmed. In the Estate of Anderegg, El Paso Court of Appeals, No. 08-10-00227-CV

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Texas Eighth District Court of Appeals 08_10_00227_CV.pdf

OPINION

Melvin Anderegg’s will bequeathed money and securities to his sister, Hazel Davitt, and the remainder of his property to his great-nephew, Bryan Cosper and Bryan’s wife, Marie Cosper. The Cospers were named as executors of the estate. Following Anderegg’s death, Davitt filed a motion to remove the Cospers as executors, accusing them of embezzlement. The Cospers contested the removal and sought a declaratory judgment regarding the correct interpretation of the will. They also sought additional compensation for their services as executors. The trial court entered a judgment finding that the Cospers committed gross misconduct, removing them as executors, determining that they did not defend the motion to remove in good faith, denying their request for additional compensation, requiring all debts and expenses of the estate to be paid pro rata from the entire estate, and awarding Anderegg’s State of Texas retiree death benefit and income tax refund to Davitt.

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