Justice James Pagones
Decedent Garvey died in 2012 and was survived by five children, four boys and one girl. He left a specific $10 bequest to son John, and divided the residuary of the estate in equal one-quarter shares among the remaining four children. Kathleen was nominated to serve as the sole executrix. John defaulted in appearing. Kevin was critical of Kathleen, but never clearly stated if he consented to or opposed her appointment. Christopher was not opposed to Kathleen serving, while Patrick was adamantly opposed. The court noted none of the objecting siblings raised any issues regarding the genuineness of the will, its validity, or decedent’s testamentary capacity. It stated the selection of a fiduciary by a testator was presumptively entitled to great deference, and must be implemented absent a sufficient ground for disqualification. The court ruled mere friction or hostility between the nominated executrix and the beneficiaries was insufficient to warrant removal, finding the allegations offered by Patrick, and Kevin’s criticisms amounted to unsubstantiated conclusions without "the benefit of factual underpinnings." Thus, it dismissed all objections, concluding a hearing was not required as no valid objections were filed.
