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Glovers maintained that, even if those transfers were treated as
loans (as Ms. Hurley contended), Ms. Hurley, as executrix of the
estate, had a conflict of interest because she had made no attempt
to recoup the funds she took from decedent’s accounts. Moreover,
the Glovers alleged that Ms. Hurley had actively and fraudulently
attempted to conceal the indebtedness in order to further her own
interests.
On May 3, 1993, the Orphans’ Court entered a preliminary
decree directing Ms. Hurley to show cause why she should not be
removed as executrix of decedent’s estate. The court also issued
a temporary restraining order against Ms. Hurley, enjoining her
from (1) participating in all decisions regarding the
administration of the estate, (2) participating in all decisions
regarding the assets of the estate, (3) engaging or paying counsel
to represent the estate, (4) claiming any compensation as
executrix, (5) doing any other act as executrix, and (6)
transferring any of her personal assets outside the ordinary course
of her daily life without permission of the court. The restraining
order required Ms. Hurley to file with the court a schedule listing
all of her personal assets and an accounting of all transfers of
money or property from decedent’s bank accounts or from the estate
during the relevant periods.
On June 22, 1993, the Orphans’ Court entered a decree removing
Ms. Hurley as executrix and appointing Kevin Holleran (an attorney
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