In re Proving the Last Will & Testament of Pearson

The petitioner, a legatee, offered for probate a will executed a few hours before the death of the testator. Other interested parties filed objections and seek to establish an earlier holographic will. Pending the contest the petitioner asked for the appointment of a temporary administrator of the estate of the testator and nominated for such position the Title Guarantee and Trust Company of New York City, which had been named as executor in both wills. The surrogate appointed Maurice Callahan, a resident of the county of Hamilton. From the order making such appointment the petitioner appeals.