Estate of Morgan

First—It was competent to the Public Administrator as such to petition for and by the order of the Probate Court to receive letters of administration upon this estate.

Second—Croly, who also petitioned for letters, but whose petition was refused; as being merely a “person legally compe *245 tent” (Code of Civil Procedure, sec. 1365, subd. 10) could not claim to administer in preference to the Public Administrator.

Third—Nor did the fact that Croly had been recommended to the Probate Court by the next of kin as being a suitable person to administer upon the estate, (under the Code of Civil Procedure, sec. 1379, as amended in 1878) give him any preference over the Public Administrator in claiming the administration of the estate, and this for two reasons:

Order affirmed. Remittitur forthwith.