In re Estate of Cotter

Both parties to the controversy claim the right to administer the estate of Henry B. Cotter, deceased. Which has the better right, is the question to be determined.

Cotter died intestate, in the State of Missouri, on the 4th of April, 1878, being, at the time of his death, a resident of that State, and leaving surviving him a wife and two minor children, his sole heirs-at-law. He left in the City and County of San Francisco, State of California, fourteen thousand dollars’ worth of personal property. On the 20th day of May, 1878, the widow filed in the Probate Court of the City and County of San Francisco a renunciation of her right to administer upon the estate, together with a request that letters of administration *216 thereon be granted to one Thomas Crane, a resident of San Francisco, and a competent person. Thereupon, and on the same day, Crane petitioned the Probate Court for letters, to which petition Doolan, the Public Administrator of the City and County of San Francisco,'filed objections. On-the 3rd day of June, 1878, Doolan filed a petition, praying the issuance of letters of administration of the estate to him; claiming that, as Public Administrator, he was of right…