Miller v. Miller

Ferneding, J.; Allread and Kunkle, JJ., concurring.

We have been favored in the consideration of this case by exhaustive briefs of counsel on both sides, which have been of valued service to the court in the conclusions arrived at.

*144The one question for solution presented seems to be whether or not an order of the probate court appointing one, not the party designated by the will, as the administrator of the estate, is subject to review by appeal.

Michael Miller, of this county, died, leaving a last will, which was duly probated, item 4 of which provides: “I do hereby nominate and appoint my…