Gorner

By the last will and testament of the deceased the appellant and respondent were appointed its executors. After his death, and prior to filing the will for prohate, the two executors visited the office of an attorney for the purpose of commencing proceedings for the prohate of the will, and at that interview the widow expressed a desire to administer the estate alone, and requested Gorner to renounce his right, which he consented to do, and indorsed his renunciation upon the will. The will was thereupon filed, together with the petition by the widow for its probate and the issuance of letters testamentary thereon to her. Prior to the hearing of this petition, Gorner filed a retraction of his renunciation, and also a petL tion that letters testamentary he issued to him in conjunction *353 with the widow. To this petition the widow filed a contest and objection upon the ground that he had renounced his right to be appointed. The petitions were heard together, and the court denied the petition of Gorner, and granted that of the widoAv, and ordered letters testamentary to be issued to her. From this order Gorner has appealed.

At common law, the rule was well settled that the…