Estate of McCausland

William McCausland died intestate in Sonoma County in May, 1912. On January 15, 1914, his niece filed a petition for letters of administration upon the estate of her uncle. She declared the character and value of this estate to be a claim against Rebecca M. Caughey for six thousand five hundred dollars. About ten days thereafter a sister of the deceased, Anna W. Grayson, who was also the mother of Rebecca M. Caughey, filed her written opposition to the petition. She denied that the deceased had left any estate whatever “except a few practically worthless effects,” and she also filed her petition to be appointed administratrix. The petitions were heard at the same time, and the court made its order appointing the niece administratrix, dismissing the opposition of Anna W. Grayson and denying her petition.

Under section 1365 of the Code of Civil Procedure the sister of the deceased had a preferential statutory right to this appointment (subd. 5) over the niece (subd. 7). No formal opposition to the petition of the sister was filed. No finding is made by the court upon which its order denying the petition of the sister is based. This court, reading the evidence, reached the…