In Re Cook's Estate

In this appeal we are called upon to consider and review another and additional phase of the liti gation which was carefully analyzed in our prior opinion when, on April 28, '1942, we decided the case of Mertz v. Owen, 191 Okla. 77, 126 P. 2d 720.

In this case the asserted right of I. H. Mertz, an executor who has been removed for cause, to receive compensation for his service is challenged by his successor administrator with will annexed. The county court of Muskogee county and the district court of the same county on appeal have both decided the question in favor of the removed executor. The…