In Re Estate of Petty

The opinion of the court was delivered by

Prager, J.:

This case is a consolidation of two separate actions: First, an appeal from an order of the district court of Leavenworth County admitting a will to probate and appointing as executor the person designated in the will and, second, an original proceeding in mandamus brought by the named executor against the district judge for an order directing the judge to accept the petitioner’s oath as executor for filing, to issue letters testamentary to the petitioner, and to compel the special administrator to turn over all estate property to the…