Johnston v. Pierson

FOSTER, Justice.

The record shows that Morgan P. Adams died intestate September 4, 1933, without a widow, descendants, or parents. His dis-tributees and heirs consisted of two uncles and some cousins, one or more.

Within forty days after his death, one of the uncles, appellant, J. A. Johnston, and also the husband (G. F. I’ierson) of a cousin, each separately, filed a petition for letters of administration. On the 26th of September, the probate judge appointed G. F. Pierson, but took no action as shown by the record on the petition of J. A. Johnston.

On the 2Sth of September, J. A. Johnston…