Pillsbury

E. S. Pillsbury died intestate in an automobile accident in which also his wife was killed. He survived her and left surviving him three minor children, the eldest about the age of fourteen years. His life was insured, the face values of his seven policies amounting to twenty-seven thousand dollars. They were all payable to his wife and in the event of her predecease then to his executors, administrators, or assigns. The proceeds of these policies therefore fell into his estate, and upon them his estate realized over twenty-four thousand dollars, which passed into the hands of its administrator.

A. C. Pillsbury, a brother of the deceased, applied for letters of administration on September 14, 1911, and his application was denied on October 6, 1911. On that date, how *456 ever, A. C. Pillsbury and his wife were appointed guardians of the persons of the minor children of deceased, and the Title Insurance and Trust Company, the respondent herein, was appointed guardian of their estates. Then on November 13, 1911, these minors were legally adopted by A. C. Pillsbury at Oakland, in the county of Alameda, state of California. Thereafter, and on the twenty-fourth day of November, 1911,…