In Re Kern's Estate

Whether letters of administration with the will annexed should be granted to respondent or to appellant is the question to be answered by the court. The correct answer to this question would seem to depend on the statutory provisions in Montana (secs. 10117, 10068, Rev. Codes 1921), and on the general rule of law as the same has been established by the decisions of courts of last resort. From the foregoing sections, particularly section 10068, it is to be seen at a glance that in order to be entitled to letters of administration the applicant must not only be a relative, but he or she must be…