Cromer Estate

Sheely, P. J.,

This is an appeal from the probate of the will of Emma F. Cromer, deceased. Proponents have filed preliminary objections to contestants’ petition for a citation to show cause why the appeal should not be sustained contending that on the facts therein alleged the appeal must be dismissed as a matter of law. The preliminary objections are, in effect, a demurrer and, for the purpose of this argument, admit all facts alleged in the petition.

The controversy concerns only the appointment of an executor. In the will as originally typewritten on March 26, 1941, C. Russel Gracey was…