FAULKNER, Justice.
A.R. (Rex) Chandler brought this action to determine who is entitled to administer the estate of Earline Jacobs Chandler, who died intestate. The decedent's brother, Vernon Jacobs, was appointed administrator by the probate court. Rex Chandler petitioned to have the administration transferred to the circuit court, where the case was tried to the court sitting without a jury. It entered an order stating, inter alia:
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