Batten v. Batten

McMurray, Presiding Judge.

E. L. Batten died in 1984, survived by his widow and their seven adult children. An application for letters of administration of the estate of E. L. Batten was filed by Clinton Batten, one of the children. Aubrey Batten (Clinton’s brother) filed a caveat to the petition for appointment of Clinton Batten as administrator. The caveat was denied and Aubrey Batten appealed to the superior court where a trial de novo resulted in a verdict in favor of Clinton Batten as administrator of the E. L. Batten estate. Aubrey Batten appeals. Held:

1. An appeal from the probate court…