Johnston

Petition for writ of prohibition.

Petitioner and one Frank A. E dinger, are rival applicants for letters of administration of the estate of William Johnston, deceased. The petition of Edinger was first filed and it is therein alleged that the sole heirs at law of said deceased are two daughters and one son, all of whom have signed and filed a written request that he be appointed administrator. The petitioner, however, in her answer to Edinger’s petition, and in her application for letters, alleges that she is the surviving wife of decedent, having been married to him about two months prior to his death. E dinger, in his answer to her petition for letters of administration, denies that petitioner was ever married to decedent, or is one of his heirs at law, and further denies that she is a competent or proper person to have charge of his estate. The denials are specific, and are followed by affirmative allegations to the effect that petitioner, since 1893, has been and now is the lawful wife of one J. West Goodwin, and that decedent for more than one year prior to his death was mentally incompetent, and being entirely without understanding or capacity to comprehend or enter into…