Connors

James Connors died intestate in the county of Santa Clara, leaving as his heirs at law his *410 father and mother and two sisters. In due time the father, Philip Connors, filed in the superior court of that county his petition, alleging that the estate of the decedent consisted of personal property, and the value of it did not exceed the sum of fifteen hundred dollars, and praying that letters of administration upon the estate be issued to him. Thereafter J. K. Secord, the public administrator of the county, filed his petition alleging that the father of the decedent, by reason of his improvidence, w.as incompetent to serve as administrator, and that the mother of the decedent, by reason of the fact that she asserted a claim to all of said estate, was incompetent to serve as administratrix; that by reason of the disqualification of the father and mother of the decedent to administer the estate, the petitioner was entitled to act as administrator thereof, and praying that letters of administration be issued to him.

The two petitions came on regularly for hearing at the same time, and “the court having heard the testimony of witnesses duly sworn and examined on the part of both…