In re Estate of Pingree

On the thirtieth day of December, 1892, W. C. Pingree died intestate in the county of Stanislaus, in this state. He was a resident of the county at the time of his death, and left an estate therein, consisting of real and personal property of the value of more than fifteen thousand dollars. He had no relatives or heirs-at-law residing in this state.

On December 31st, the next day after the death of Pingree, J. Phelps, then the public administrator of the county, filed in the superior court thereof his petition in proper form asking that letters of administration on the estate of the deceased be issued to him.

On January 2, 1893, J. D. Bentley became the public administrator of the county, and on the next day, January 3d, he, as such officer, filed in the superior court his petition in proper form asking that letters of administration on the estate of the said deceased be issued to him.

Due notices of the petitions were given, and they were both set for hearing at the same time, on January 14, 1893. At the time set for the hearing Phelps was sworn as a witness, and among other things testified: “ I filed my petition for letters of administration on the thirty-first day of…