
    12991.
    Pate v. Pate et al.
    
    Decided July 22, 1922.
    Appeal; from Douglas superior court — Judge Irwin. September 14, 1921.
    
      J. S. James, for plaintiff in error.
    
      J. R. Hutcheson, contra.
   Stephens, J.

1. The fact that the deceased had made a will and had been intimidated into destroying it is not relevant, upon an application for administration upon the estate of the deceased, to negative the fact of intestacy; and such evidence was properly excluded.

2. Whore the applicant for appointment as administrator had been selected as such in writing by a majority of the heirs at law of the decedent (Civil Code of 1910, § 3943 (3)), he was as a matter of law entitled to the appointment, and a verdict to that effect was properly directed.

Judgment affirmed.

Jenkins, P. J., concurs.  