In re McLaughlin

Catherine McLaughlin died intestate, in the city and county of San Francisco, on October 20, 1892, leaving estate therein, and leaving as her sole heir at law a son thirty-seven years old, named James H. McLaughlin, who had been duly adjudged to be an incompetent person.

On March 17,1893, the respondent, Kate Kenney, the duly appointed, qualified, and acting guardian of said James H. McLaughlin, filed in the superior court of *430 said city and county her petition asking that letters of administration on the estate of Catherine McLaughlin be issued to her. On March 20, 1893, A. C. Freese, the public administrator of the city and county of San Francisco, filed his petition in the same court asking that letters of administration on the said estate be issued to him.

The two petitions were heard at the same time, and on April 4, 1893, the court made and entered an order denying' the petition of said A. C. Freese, and granting that of said Kate Kenney. From that order said Freese appeals.

* The only question to be determined is, was the guardian of the incompetent son or the public administrator entitled to letters of administration on the estate?

Section 1368 of the Code of Civil…