Sanders v. Sanders

COUGHLIN, J. pro tem. *

This is an appeal from an order dismissing a petition seeking the removal of Emory V. Sanders, as administrator with the will annexed of the estate of Luella J. Sanders, deceased. Letters of administration had been issued to Emory as the surviving spouse of decedent. Luella died testate, leaving a will executed prior to her marriage which made no provision for Emory, and named an executor who predeceased her. The petition for removal alleged that the marriage of Emory and Luella was void, because of a prior existing marriage.

At the hearing of the petition in question it…