In re Estate of Danielson

J. H. Danielson died intestate and unmarried, leaving two brothers in this state.

March 13, 1890, the appellant, -who was not a relative of decedent, filed a petition asking for letters, and at the same time the written consent of Theodore Danielson, a brother of deceased, to his appointment.

March 24, 1890, Theodore Danielson filed a petition asking for letters for himself.

April 7, 1890, the court appointed both petitioners administrators, and both qualified.

April 29, 1890, William Danielson, another brother of the decedent, who had been temporarily absent from the state, filed a petition asking that Erlanger’s appointment be revoked, and that he be appointed in his stead.

July 9, 1890, the court, after due notice, made an order revoking the letters to Erlanger, and appointed William Danielson. In making this order the court assumed to be acting under section 1383 of the Code of Civil Procedure. From these orders Erlanger appeals. July 16, 1890, the notice of appeal was served and filed.

No undertaking on appeal was filed, but according to a statement in the transcript an order was made September 15, 1890, dispensing with security on appeal. Such order is supposed to be…