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ESTATE OF BACKER

Docket No. 23629.

164 Cal.App.3d 1159 (1985)

211 Cal. Rptr. 163

Estate of PHILIP H. BACKER, Deceased. JOHN BACKER, Petitioner and Appellant, v. RICHARD L. BACKER, as Administrator With the Will Annexed, etc., et al., Objectors and Respondents.

Court of Appeals of California, Third District.

February 22, 1985.

Attorney(s) appearing for the Case

COUNSEL

Desmond, Miller, Desmond & Bartholomew and Mark S. Drobny for Petitioner and Appellant.

Downey, Brand, Seymour & Rohwer, James A. Willett, Thomas N. Cooper and Dan L. Carroll for Objectors and Respondents.

OPINION

CARR, J.

John Backer appeals from a judgment of the probate court denying his petition for appointment as executor of his deceased brother's estate and appointing decedent's adult sons, Richard and Thomas Backer, administrators with will annexed. The sole issue on appeal is whether the probate court has discretion to deny appointment of an executor nominated by will on the ground that a conflict of interest exists between...

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