In Re Estate of McDaniel

1 Reported in 22 N.W.2d 8. This is an appeal from the judgment dismissing, on the administrator's motion, an appeal to the district court from an order of the probate court denying and refusing probate of a purported will of the decedent.

In June 1943, pursuant to proceedings had as in case of intestacy, a general administrator was appointed upon the petition of decedent's surviving husband. Pending the proceedings, in May 1944, decedent's brother, John D. Bowen, the appellant, filed a petition for the probate of an alleged destroyed, will. If decedent had died intestate, the husband would…