Ford
Ford v. Boston
Opinion
Lead Opinion
McDaniel, J.
*816 Opinion
Pursuant to the provisions of the last will and testament of Mary McBryde Feeney (decedent), Lucille J. Boston (appellant) was nominated and duly appointed as executrix of decedent’s will. The beneficiaries under the will were decedent’s son and daughter, Patrick and Barbara Ford. The principal asset of the estate consisted of decedent’s residence in Palm Desert.
In the course of probate, pursuant to a petition for confirmation of sale, the trial court issued an order confirming the sale of the residence to Frank M. Willard. Escrow was to close in March 1981. Willard, however, failed to deposit the sums required to close the sale, and later cancelled the escrow. In April 1981, Graham Cribbs, attorney for the estate, prepared petitions to vacate the sale to Willard and confirm a new sale to Sherman White. Boston, however, refused to sign the petitions. Patrick Ford, through his attorney, Chandler Brown, then filed a petition for removal 1 of Boston as executrix and requested orders directing Cribbs to execute petitions to vacate the sale to Willard and confirm the new sale. 2 The trial court issued the orders requested in the petition and also issued a citation to…