Estate of JAMES R. TRISSEL, Deceased. MURIEL McELHINNEY, Petitioner and Appellant, v. WILLIAM R. TRISSEL, Objector and Respondent

Holding

The court held that a son who had forfeited his testamentary bequest by contesting the will had no statutory priority for appointment as administrator with will annexed over the sole residuary beneficiary, and that the probate court must decide such an appointment on the assumption that the will is valid until a contest is adjudicated.