Questione giuridica chiave
Whether A. had standing to complain against the executor's conduct and seek removal.
Decisione estratta
No. As a co-appellee under a residuary fideicommissary substitution, she had only a contingent expectancy and no present heir's rights; she was therefore not materially harmed by the executor's continued office.
Motivazione estratta
The court treated the appellant's position as analogous to that of a creditor of an heir: she would receive, if anything, only what remained at the opening of the substitution, and the executor's destitution would not improve that position. The disciplinary removal of an executor also has ex nunc effect and would not invalidate the family agreement governing the sale of the property.