Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

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

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
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.

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
New Jersey Legal Awards 2024
October 29, 2024
East Brunswick, NJ

New Jersey Law Journal honors lawyers leaving a mark on the legal community in New Jersey with their dedication to the profession.


Learn More
Southeastern Legal Awards 2024
June 20, 2024
Atlanta, GA

The Daily Report is honoring those attorneys and judges who have made a remarkable difference in the legal profession.


Learn More
Consulting Top Consultants 2024
June 27, 2024
New York

Consulting Magazine identifies consultants that have the biggest impact on their clients, firms and the profession.


Learn More
Go to Events Go to Webcasts
Managerial Position: Legal Hiring

The Managerial Position in Legal Hiring will report to the Director of Litigation Training and Legal Hiring. This Manager will be responsib...


Apply Now ›
Managerial Position, Litigation Training

The Queens County District Attorney's Office has an opening for a Managerial Position in Litigation Training. This position will be princip...


Apply Now ›
Evening Managerial Position, Intake and Assessments Bureau

The Intake and Assessments Bureau ( IAB ) at the Queens District Attorney s Office is considering candidates to join our Bureau in a manager...


Apply Now ›
Go to Lawjobs
Clifford Law Offices, PC
04/29/2024
The National Law Journal

Professional Announcement


View Announcement ›
MELICK & PORTER, LLP
04/15/2024
Connecticut Law Tribune

MELICK & PORTER, LLP PROMOTES CONNECTICUT PARTNERS HOLLY ROGERS, STEVEN BANKS, and ALEXANDER AHRENS


View Announcement ›
Go to Professional Announcements