Grattan v. Pihlblad

*840The opinion of the court was delivered by

Harvey, J.:

A testator in his will named appellant to act as executor, expressed the hope he would accept and not resign, but if otherwise he named another person to be his executor. The probate court, upon the record noted herein, refused to appoint appellant and appointed the other person named. On appeal to the district court the rulings in the probate court were affirmed. Appellant contends these judgments were erroneous.

The record may be summarized or quoted from as follows: On September 4, 1941, there was filed in the office of the probate court…