- 14 -
mismanagement of decedent’s affairs, all of which
resulted in financial loss to decedent, placing Ms.
Hurley in a conflict of interest with the estate of
decedent, which estate has a cause of action against Ms.
Hurley for these breaches of duty and losses; * * *
The register of wills granted nonsuit against the Glovers and
denied and dismissed the caveat. On February 1, 1993, the register
of wills again admitted the 1989 will to probate and granted
letters testamentary to Ms. Hurley.
On April 29, 1993, the Glovers filed a petition with the
Orphans’ Court seeking the removal of Ms. Hurley as executrix and
the appointment of the Glovers as coexecutors of the will. In
addition, the petition requested that Ms. Hurley (1) forfeit her
executrix’s commission, (2) be prohibited from transferring any of
her personal assets outside of the ordinary course of her daily
life without the permission of the court, and (3) be required to
file with the court a schedule listing (a) all of her personal
assets, (b) all transfers from the estate to her, Mr. Ross, and
several entities in which they together had an interest, and (c)
any outstanding loans from decedent’s or the estate’s accounts made
during the relevant period.
In the petition, the Glovers asserted that they had examined
several of decedent’s bank and brokerage accounts that were
controlled by Ms. Hurley and Mr. Ross and that their examination
revealed that large sums of money deposited into those accounts had
been used for the personal benefit of Ms. Hurley and Mr. Ross. The
Page: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 NextLast modified: May 25, 2011