Succession of Stansbury

TATE, Justice ad hoc.

Eva Stansbury Marino died testate at her domicile in Orleans Parish on July 17, 1956. The present appeal is by the decedent’s husband from judgment appointing, over his opposition, the decedent’s sister as dative testamentary executrix.

The sole contention of the husband’s present appeal is that he had a better right than the successful applicant to be appointed executor of the decedent’s will.

The decedent’s sister, the appellee Telitha Stansbury Castalano, offered the testament for probate. As the testatrix had not named an executor, Mrs. Castalano applied for appointment…