Stewart v. Boyle

HONORABLE VICTOR H. PALL,

District Judge, sitting-in place of Mr. Justice Doyle, delivered the Opinion of the Court.

This is an appeal from an order made by the court below appointing the First National Bank of Billings as administrator C.T.A. of the estate of Frances Stewart, deceased.

The record discloses the following: John S. Stewart and his wife Frances Stewart executed a joint will, dated January 20, 1948. He died June 14, 1952, and the will was duly admitted to probate. It provided that the survivor was to take all of the estate and to be the executor or executrix as the ease might be and…