State Ex Rel. McCabe v. District Court

This is an application for a writ of supervisory control to compel the district court of Deer Lodge county to annul a ruling refusing to appoint relator as special administrator in a probate matter therein pending. Relator also seeks to have directed the filing of his petition for appointment, and issuance to him of letters of special administration upon his qualifying as provided by law.

Neis Pearson died testate on or about March 17, 1936, naming his surviving wife sole legatee and executrix of his estate. She applied and qualified for letters testamentary, but later re signed as executrix…