25 A. 907 | R.I. | 1893
This suit is brought by the plaintiff as administrator of the estate of Jane Kilton, late of Coventry, deceased. The defendant pleads in abatement that the plaintiff is not administrator upon said estate, but that Caleb G. Bates is the administrator. By the agreed statement of facts it appears that an instrument in writing, purporting to be the last will and testament of Jane Kilton was admitted to probate, whereupon, the executors named having declined to accept the executorship, the court of probate of Coventry appointed said Bates administrator with the will annexed. Subsequently, on appeal, the probate of said instrument was set aside, and since then, on a proper petition duly filed and notified, letters of administration upon the estate of said Jane Kilton were granted to the plaintiff, her sole heir at law and next of kin. The question therefore is whether Caleb G. Bates, administrator with will annexed, continued to be the administrator upon the estate after the will was set aside. InScott v. Monks,
Plea overruled.