
    EXECUTORS AND ADMINISTRATORS.
    [Franklin (2nd) Circuit Court,
    February, 1904.]
    Sullivan, Dustin and Wilson, JJ.
    
      Walter B. Page, Jr., Admr., etc. v. Minnie Warnock.
    Section 3167 Rev. Stat. Authorizes Appointment Only as Indicated by Sec. 6005 Rev. Stat.
    Section 3167 Rev. Stat. gives the surviving partner the right only to hasten the settlement of the estate of his deceased partner by making application for that purpose; but does not authorize the probate court to make an appointment pursuant thereto in any manner other than that pointed out in Sec. 6005 Rev. Stat.
    Error to common pleas court of Franklin county.
    Watson & Page, for plaintiff in error.
    C. D. Saviers, for defendant in error.
    
      
       Affirming Warnock v. Page, 14 Dec, 278.
    
   DUSTIN, J.

We are of the opinion that Sec. 3167 Rev. Stat. gives the surviving partner the right only to hasten the settlement of the estate of his deceased partner by making application for that purpose; and does not authorize the probate court to make an appointment pursuant thereto in any other manner than that pointed out in Sec. 6005 Rev. Stat.

We think therefore that the probate court erred in appointing plaintiff in error as administrator of John W. Warnock, deceased, and in overruling the motion to remove him, and that the judgment of the common pleas court, reversing said action, should be affirmed.  