Johnston

This is an appeal from an order appointing D. F. Reid as executor of the will of Elmer Daigh and from an order denying a petition for letters of administration with the will annexed.

*368 Elmer Daigh and his wife executed a joint will. Elmer died, and his wife was appointed executrix pursuant to the terms of the joint will, but she died before probate proceedings were completed. Upon her death it was disclosed that she had revoked the joint will and had executed a new will in which her brother, Marion Johnston, was named as executor. The new will was admitted to probate, and letters testamentary were issued to Johnston. Thereafter Johnston filed a petition for letters of administration with the will annexed in the Estate of Elmer Daigh, basing his right to letters upon his position as executor of the will of Daigh’s widow.

D. F. Reid petitioned for letters testamentary in the Estate of Elmer Daigh, basing his right to letters upon the following paragraph in the joint will: “It is our desire that the survivor of us be appointed to act as Executor of the estate of the other. In the event of simultaneous death . . . or in the event of the death of the survivor of us, it is our…