In re Estate of Bedell

The question presented on this appeal is, whether the public administrator, or the nominee of *340 the father and mother of the deceased, is entitled to letters of administration upon her estate.

The deceased left a will, which was admitted to probate; but the person named therein as executor having renounced his right to serve, the father and mother of the deceased severally requested that the court appoint E. W. Gunther as administrator with the will annexed, and a petition for such appointment was thereupon filed by him. The public administrator also filed a petition that administration on the estate be granted to him. Both petitions were heard by the court at the same time, and at the conclusion of the hearing the court made its order appointing Gunther, and denying the application of the public administrator, from which order the public administrator has appealed.

The appellant claims that he is entitled to the administration by virtue of the provisions of section 1365 of the Code of Civil Procedure, while the respondent claims that under the provisions of section 1379 of the Code of Civil Procedure the court was authorized to appoint him in preference to the…