In Re Yonk's Estate. Kidman v. Watkins

PRATT, Justice.

May the court reject the agreement of the next of kin— the sole beneficiaries of the estate — as to who should be administrator, and appoint a man of his own selection?

This question comes before us upon a record and a bill of exceptions, which show an absence of any testimony on the conflicting desires of these next of kin, which desires were settled by the agreement in question.

The facts are not in dispute, and are as follows:

Charles Yonk died intestate July 6, 1946, at Logan, Utah, leaving no heirs other than twenty-four nephews and nieces who are entitled to share in the…