Supreme Court of Texas
284 S.W.3d 831 (2009)
James Kappus and his brother, John Kappus, owned real estate in equal shares as cotenants. James’s will named John as executor, and established a testamentary trust with his children as beneficiaries and John as trustee. After James’s death, John (plaintiff) initiated probate proceedings. John intended to sell the real estate and distribute the proceeds equally between himself and the estate. James’s ex-wife, Sandra, on behalf of their children (defendants), opposed the proposed distribution from the sale, arguing that James’s estate was entitled to a larger share based on improvements James had made to the property. Sandra requested that John be removed as executor of the estate. The trial court refused to remove John, but awarded a slightly larger share of the sale proceeds to James’s estate. The court of appeals affirmed the division of property, but reversed the trial court’s decision on removal, holding that John’s conflict of interest as a part owner of the property mandated his removal. John appealed his removal.
Rule of Law
Holding and Reasoning (Willett, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 201,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,000 briefs, keyed to 188 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.