In Re Aguirre's Estate

OPINION

By the Court,

Ducker, C. J.:

The deceased left a will in which no nomination of an executor is made, naming his brother Steve Aguirre as the sole devisee and legatee. Steve Aguirre presented a petition for the probating of the will to the district court of Clark County, praying that letters of administration with the will annexed, be issued to him.

The matter came on for hearing on November 15, 1935, when due proof was made of the execution of the will. On the same day, Albert Aguirre filed a contest in writing in said matter in which it was alleged that he was the son and only child of…