Estate of Lindsey

Florence Lindsey Smith appeals from a judgment by the superior court granting letters of administration in the estate of Freddie Jo Lindsey to respondent Fred Lindsey.

Respondent first petitioned for letters of administration in the estate of the decedent on April 25, 1978. Appellant filed objections to the petition on May 22, 1978. She also stated in the objections that she “will file a petition with this [the superior] court asserting her right to such letters on or before the hearing date set for these objections.” On May 18, 1978, the superior court had set July 7, 1978, as the date for a hearing on respondent’s contested petition. A hearing was conducted on the established date and the matter submitted upon the basis of evidence presented at the proceeding, a certain deposition, and supplemental points and authorities. Appellant executed and allegedly lodged a counterpetition for letters of administration on July 13, 1978, although the record does not reflect that any hearing was conducted on this petition. In a memorandum opinion issued on August 2, 1978, the court granted respondent’s petition and overruled appellant’s objections. Upon request of appellant, the…