Spear Ex Rel. Spear v. Rogers

The opinion of the court was delivered by

Thiele, J.:

This appeal involves the right to have an administrator appointed under the circumstances later set forth.

On August 11, 1949, Charles Spear and Earl Dean Spear, minors, by their father and next friend, filed their petition in the probate court of Decatur county, in which they set out their minority and residence; that May Wright, a resident of Decatur county, died October 19, 1946, leaving surviving her Ianth Wright Rogers, a daughter, the petitioners and other named children and grandchildren as her heirs; that May Wright was possessed of a…