In Re Johnson's Estate.

This is an appeal from the order of the district court remanding the cause to the county court and directing the county court to set aside its order appointing Carl S. Dunnington administrator and to appoint A.T. Bernard as said administrator.

The record discloses that Minnie Day Johnson, the wife of Lewis Johnson, died October 23, 1939, leaving a will. This will did not name an executor. On the 8th day of January, 1940, a petition to probate said will was filed, after which the court appointed Carl S. Dunnington administrator with the will annexed. The petition was signed by May Frazee,…