Peyton

— Israel Sanborn died in San Joaquin County on January 27, 1892, and on February 3, 1892, V. M. Peyton filed in the superior court of said county a petition iu which it was averred that said Sanborn left a will dated April 17,1872, by which petitioner and one Severy were named as executors. It was further stated that Severy was incompetent; and petitioner prayed that the will be admitted to probate, and letters testamentary be issued to said Peyton. Due notice was given to the heirs, and no one interested in the estate appeared to contest the probate of said will. But on February 8, 1892, J. R. Clayes, who was public administrator of said county, filed in said court a petition for letters of administration of the estate of said Sanborn, in which he averred, among other things, that he “has no knowledge whether said will was ever signed or attested by said Sanborn, or any witnesses,” that it “does not show upon its"face that the same is any will or testament of said deceased,” and that he “is advised and believes that the attestation, witnessing, or publication of said paper as a will cannot be shown”; and further, that no other will has been found, and that “to the best knowledge,…