Gladys Jane Dial v. Charles W. Johnson, Administrator, Estate of Lula Johnson Fitch, Deceased

HASTIE, Circuit Judge.

This appeal, by an unsuccessful petitioner below, challenges the refusal of the probate court to remove an administrator.

In December, 1957, the District Court granted letters of administration on the estate of Lula Johnson Fitch to the ap-pellee, Charles W. Johnson. Less than a month later, appellant Gladys Dial, a person related to the decedent by marriage, filed the present petition for removal of the administrator, asserting, among other things, his prior conviction of crime. However, neither on consideration of the petition nor on motion for rehearing was the court…