Estate of MARGUERITE G. McCARTHY, Deceased. NEIL D. McCARTHY, Petitioner and Appellant, v. ROSEMARY M. BULLIS et al., Claimants and Respondents; ROSEMARY M. BULLIS, as Executrix, etc. et al., Petitioners and Respondents

Holding

The court held that an executor’s duty to marshal estate assets includes the authority to challenge conveyances procured by alleged undue influence, and that such an action does not constitute a contest of the will under a no-contest clause when it seeks to recover property for the estate rather than invalidate the testamentary instrument itself.