West v. West

Th.e opinion of the court was delivered by

Thiele, J.:

This appeal arises from a ruling on a demurrer to a single pleading entitled “Objections to the Petition for Final Settlement and Petition for Appointment of Special Administrator,” which was originally filed in the probate court. For convenience the pleading will be referred to as the objectors’ petition.

John West, a resident of Sheiman County, died intestate and on March 29, 1947, his nephew Ora West was duly appointed and qualified as the administrator of his estate. Notice of appointment was first published on April 3, 1947. Later he…