Estate of Gibson

Upon the death of Jessie Lou Gibson, her father, Andrew Miller, filed a petition for letters of administration of his daughter’s estate. A few days later James Michael Gibson, surviving spouse, filed his petition for letters of administration of his deceased wife’s estate. Both petitions were heard together. After submission the court on February 11, 1963, granted the petition of the father, Andrew Miller, and denied Gibson’s petition because at that time he was not yet 21 years of age. Miller took the required oath on February 16. He filed the required bond on March 8, 1963, and letters of administration were issued to him on that date. On February 18, 1963, Gibson filed his notice of appeal. On November 15, 1963, this court reversed the order holding, in effect, that under Civil Code section 25 Gibson was an adult for the purposes of administering the estate of his deceased wife and that under Probate Code section 422, subdivision (1) he had priority to administer his deceased wife's estate over her father; that the court therefore should have granted Gibson’s petition and denied Miller’s petition. (See Estate of Gibson, 222 Cal.App.2d 299 [ 35 Cal.Rptr. 103 ].)

The record in…