In Re Estate of Weaver

The opinion of the court was delivered by

Parker, J.:

This appeal involves the right of persons to be appointed by the probate court as executors of the will of a decedent.

A narration of the facts giving rise to the controversy, although not required, will facilitate a proper understanding of the decisive issue on which our disposition of the cause depends. For that reason the facts will be detailed as briefly as the state of the record permits.

On January 22, 1929, J. S. Weaver and Rebecca May Weaver, husband and wife, joined in the execution of a will disposing of all their property. By its…