Estate of Aldrich

Letters of administration in the above estate were issued to W. S. Allen on the nomination of Lenora Aldrich, who claimed to be the surviving wife of the deceased. Several months afterwards Sarah Olive Aldrich, also claiming to be the surviving wife of the deceased, filed a petition asking that the letters of administration to Allen be revoked, and that letters issue to her. The court below denied this petition, and from the order denying it and from an order denying her motion for a new trial the said Sarah Olive Aldrich appeals.

Many questions are raised in the case which we do not consider if necessary to discuss, because, in our opinion, the first order of the probate court appointing Allen administrator was final and conclusive as to the right to the administration of the estate. An order appointing an administrator is a proceeding vn rem, and binds all persons, except where statutory requirements as to notices, etc., have not been complied with, and except as to persons who are expressly excepted by statute from the conclusiveness of the order. In the case at bar Allen based his petition for letters on the written request and nomination of Lenora Aldrich, whom he alleged to…