Succession of Koch

MARCUS, Justice.

Edward G. Koch, Jr. appealed a judgment of the district court setting aside his appointment as sole administrator of the succession of his father, Edward G. Koch, and naming his brother, Martin R. Koch, and him as co-administrators of the estate. The court of appeal affirmed.1 Upon Edward’s application, we granted certiorari to review the correctness of this decision.2

Edward G. Koch died intestate on May 22, 1978 and was survived by two sons, Martin R. Koch and Edward G. Koch, Jr. On June 1, 1978, Martin filed a petition in the district court pursuant to La.Code Civ.P. art.…