A named executor who claims ownership of substantial estate assets through transactions of questionable validity, and who will predictably refuse to consent to the estate asserting its rights, may be passed over even though a mere potential conflict of interest is ordinarily insufficient. The guiding principle remains the due and proper administration of the estate and the interests of beneficiaries. The court need not determine the merits of the disputed claims but must assess whether, on their face, the claims require careful investigation and litigation is likely.
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