In re the Estate of Leland

Fowler, S.—

Some of the legatees under the will of the testator have filed objections to the issuance of letters testamentary to Timothy M. Oheesman, who is named as executor in the will. The objecting legatees allege that Mr. Oheesman is physically and mentally incapable of performing the duties of executor. Issue having been joined on this point, the objectants make this application for an order in accordance with the provisions of section 873 of the Code directing Mr. Cheesman to submit to a physical and mental examination and designating certain physicians to make such examination.

Assuming…