Questão jurídica principal
Whether the executor's continued refusal to implement the testamentary dispositions justified removal for serious breach of duty.
Decisão extraída
Yes. After the settlement and the federal judgment, no objective reason remained to delay execution; the refusal to pay the legacies and finish the administration was a serious breach of duty.
Fundamentação extraída
The executor had to act on the objectively reasonable understanding of the will. Once the dispute over heirship was settled and the estate was sufficient to cover the legacies, he could not keep waiting or demand conditions serving only his personal interests.