Moore

Anderson M. Dawkins, administrator-with-will-annexed of the estate of Marguerite L. Dawkins (also known as Marguerite L. Carr, Marguerite L. Carrere, or Marguerite L. Clark) appeals from the order of the probate court admitting to probate the will of which he was subsequently appointed administrator.

On January 6, 1967, Dawkins filed, as surviving spouse, a petition for letters of administration in relation to Marguerite’s estate. On January 16, 1967, Norman H. Moore, the brother of the decedent, filed Marguerite’s holographic will for probate, petitioned for letters of administration-with-will-annexed, and filed his objection to the appointment of Dawkins. Thereafter Dawkins petitioned for probate of the same will and for letters of administration-with-will-annexed. He *120 subsequently filed a petition to contest the probate of the subject will and made formal objection to the appointment of Moore as administrator.

The probate court on April 6, 1967, held a hearing on the petition to admit the will to probate and the will contest. The only will submitted to the court by either party at that time was the holographic instrument executed by the testatrix on November 19, 1953.…