Griffin v. Irwin

SIMPSON, Justice.

The probate court denied the petition of appellant for letters of administration on the estate of her deceased sister, against the adversary claim of appellee, a nephew of intestate, on the alleged ground of incompetency by reason of “improvidence and physical defect.”

Appellant was in the second degree of kinship and appellee in the third degree, and if not disqualified under the law to serve, she should have been appointed because of the statutory preference accorded her under § 81, Title 61, Code 1940.

The rule of our decisions is that every one enumerated in the foregoing…