Estate of Buckley

In this consolidated appeal, Dean K. Buckley appeals from orders of the Tulare County Superior Court vacating its issuance of letters to appellant, removing appellant as personal representative of the Estate of Susan Buckley and appointing respondent Doyle Bibb executor (5 Civ. No. 6557). Appellant also seeks reversal of the summary judgment granted to respondent Bobby Bibb by the superior court (5 Civ. No. 6587). Our resolution of the first appeal disposes of the second.

5 Civil No. 6557—Estate of Buckley

On August 21, 1979, Susan Buckley died; on October 11, 1979, Susan Buckley’s will was deposited with the Tulare County Superior Court. The last will of the decedent nominated her son-in-law (erroneously described therein as her son), Doyle Bibb, as the executor of her estate to serve without bond. On January 30, 1980, appellant, Dean K. Buckley and Dale B. Buckley (both sons of the deceased) filed a peti tion for probate of will and issuance of letters of administration with will annexed. On February 7, 1980, respondent Bobby Bibb, daughter of the deceased and wife of respondent, Doyle Bibb, filed an objection to the appointment of Dean Buckley and Dale Buckley as…