In re Estate of Ogier
Opinion
lead Opinion
Belcher, J.
Anna Ogier died on the sixteenth day of March, 1893, in the county of Los Angeles, leaving an estate therein consisting of real and personal property of the value of more than sixty thousand dollars, *383 and also leaving a duly executed last will and testament which contained, among others, the following provisions:
On March 24th the said will was filed in the superior court of Los Angeles county, accompanied by a petition of Mrs. Shorb, who was named as executrix, asking that *384 the will be admitted to probate, and that she be appointed executrix thereof. The petition was signed by the petitioner, and by Graves, O’Melveny, and Shank-land, as her attorneys.
On April 5th John W. Mitchell filed a petition alleging that he was interested in the said estate, being named in the will as attorney in the administration thereof, and according to its tenor coexecutor thereunder, and praying that said will be admitted to probate, and that joint letters testamentary be issued to Mrs. Shorb and himself, and that he, the petitioner, be declared to be and be entered as the attorney of record for said estate in the matter of the administration thereof in lieu of and in place and stéad of…