Mabry v. Mabry

A widow who is not disqualified to act as administratrix of the estate of her deceased husband may name a qualified person to act in lieu of herself. The joining with her of certain children of deceased, in making the selection, will be treated as surplusage. The court did not err in overruling the motion for new trial.

DECIDED MAY 8, 1941. REHEARING DENIED JUNE 19, 1941.

R. A. Mabry died intestate leaving surviving him his widow, two sons, and two daughters. One of the sons applied for permanent letters of administration on the estate. The widow and the two daughters filed objections to the…