This case involves competing applications concerning the estate of Ignazia Rizzo, where her three children were named as co-executors and beneficiaries.
The primary dispute arose from the will's provision for Salvatore Rizzo to purchase the family home at fair market value, leading to a deadlock over the sale price and the allocation of estate taxes and expenses.
Angela Farruggia, one of the siblings, insisted on receiving her share net of taxes, contrary to the will and a prior agreement, and linked her renunciation as trustee to this demand.
Angela brought an application seeking the sale of the house and occupation rent from Salvatore, while Salvatore and Eduardo Rizzo applied for Angela's removal as estate trustee.
The court dismissed Angela's application, finding she lacked standing as a beneficiary to compel sale or claim occupation rent, as her interest was in the residue, not a direct property interest.
The court granted Salvatore and Eduardo's application, removing Angela as estate trustee due to her unreasonable conduct, changing positions, and conflict of interest in leveraging her trustee position for a greater share of the estate.
Salvatore and Eduardo were authorized to administer the estate in accordance with the will.
