Estate of Barnes

pro tem, This is an appeal from an order of the superior court of Orange County appointing Charles D. Brown, public administrator, as the administrator of the estate of Elmer Barnes, deceased, and denying the application of Hervey Barnes to be appointed such administrator. Elmer Barnes died intestate on or about January 5, 1920, at Wheaton, Illinois, being at the time of his death a resident of the county of Orange, state of California, and leaving, estate consisting of an undivided half interest in certain real property therein. He left as his surviving heirs his father and mother, Hervey Barnes and Mary Barnes, who, up to the time of his death and for a long time prior thereto, resided in Wheaton, Illinois. On December 14, 1920, Ray mond C. Barnes, a brother of said deceased, filed a petition to be appointed administrator of the decedent’s estate, whereupon the said public administrator filed a like petition, in which he alleged that. said Raymond C. Barnes was not qualified to be appointed as such administrator for the reason that he was not entitled to share in the distribution of said estate. Thereupon Hervey Barnes, the father of said deceased, having received at his home in…