Estate of McNeil

Edward White, a petitioner- for letters, of administration of the estate of James McNeil, deceased, appeals from an order granting letters of administration to Frank McLaughlin, and also from an order denying his motion for a new trial. We shall not consider various objections made by respondent to the consideration of these appeals, but will proceed with a discussion on the merits of the appeal from the order appointing McLaughlin administrator.

James McNeil died intestate on April 1, 1906. Margaret McNeil, claiming to be his surviving wife, requested the superior court of Santa Cruz County to appoint Edward White as administrator, and White filed his petition for letters, accompanied by Margaret’s written request. Louise R McNeil, also claiming to be the surviving wife of deceased, requested said court to appoint Frank McLaughlin as administrator, and McLaughlin filed his petition for letters, accompanied by the written request of Louise. The petitions were heard together, the court impaneling a jury to determine the question which of the two claimants was the surviving wife. Petitioner McLaughlin made his proof in support of Louise, and rested. Thereupon petitioner White,…