In re the Estate of Overman

HEDRICK, Judge.

Appellant assigns as error the Court’s conclusion that the Clerk did not have jurisdiction to appoint Craven as Administrator d/b/n of Overman’s estate, and that Nationwide had standing to challenge his appointment. In 34 C.J.S., Executors and Administrators, § 1018, it is stated:

“To warrant the appointment of an administrator de bonis non, it is absolutely essential that the previous incumbency should have actually ended, and, if there is no vacancy, the appointment is void for lack of jurisdiction.”

In 21 Am. Jur., Executors and Administrators, § 774, it is stated:

“To warrant…