In Re Estate of Thomas

This is an appeal by Howard Thomas, L. Gertrude Robillard, James H. Thomas, Emma Schreyer, and Anna McKeen, five of the decedent’s surviving children, from an order appointing L. R. Thomas administrator of the estate of W. R. Thomas, deceased.

Appellants contend (1) that the trial judge was divested, by James H. Thomas’ affidavit of prejudice, of jurisdiction to make the order appointing the general administrator; and (2) that the court erred in appointing a stranger as administrator against the wishes of seven of the decedent’s eight children, five of whom claimed to be qualified and willing…