ON MOTION FOR REHEARING
COLEMAN, Justice.Appellant asserts that the Probate Court lacked jurisdiction to appoint either a permanent or temporary administrator of the Estate of Ralph A. Perry because of a failure to issue necessary citations. She asserts that since the appointment of Vern J. Thrower as administrator is void, the District Court lacked jurisdiction of this case, and this court lacks jurisdiction of this appeal.
This contention cannot be sustained. This is a suit to determine the party entitled to collect the proceeds of an insurance policy instituted by the insurance company. The validity of the appointment of the administrator can arise only as an issue in the case. Such an issue would not defeat the jurisdiction of the trial court.
Appellant’s motion to dismiss the appeal is refused. The motion for rehearing is overruled.