Estate of HARRY G. BUCHMAN, Deceased. CLAIRE MORSE, Respondent, v. HAMLIN K. BUCHMAN, as Executor, etc., Appellant

Holding

The court held that a probate court’s sua sponte inquiry into an executor’s mental competence, conducted without proper notice or an evidentiary hearing, violated fundamental due process, and that the failure to file an inventory within the statutory ninety-day period, absent a showing of bad faith or prejudice to the estate, was an insufficient ground for removal.