Starlin v. Love

FOSTER, Justice.

This is an appeal from a decree of the probate court revoking letters of administration which that court had granted to appellant on the estate of Ernest H. Floyd, deceased. He died December 21, 1937. A petition for letters by appellant was filed December 27, 1937, which was within forty days after his death. Appellant was not within subdivision (1) or (2) of section 5742, Code, being neither (1) the husband or widow, nor (2) the next of kin entitled to share in the distribution of the estate. But he was a second cousin, and there were in existence several first cousins, who…