Monroe

Edward E. Shiels died at the city of Paris July 19, 1896, and on August 21st of that year letters of ad *348 ministration were granted by the superior court of San Francisco to the respondent herein, who is a brother of the deceased. The widow of the deceased resides in Scotland, and after letters had been issued to the respondent, she requested the court to appoint the appellant as administrator of the estate, and on December 29th he filed a petition that the letters issued to the respondent be revoked, and that letters of administration be issued to him. When the matter came on for hearing before the court, the respondent presented a document, executed by the widow subsequent to her request for the appointment of the appellant, withdrawing her application for the administration, and consenting that the estate be administered by the respondent. The court thereupon denied the application of the appellant, and from this order he has appealed.

It is urged in support of the appeal that, by requesting the court to appoint the appellant as administrator of the estate, the widow was estopped from afterward consenting that the respondent should continue in its administration. The mere…