Field

In this appeal from an order appointing the Public Administrator of Orange County as administrator of the estate of Harry M. Stephens, deceased (decedent), we have concluded that under the provisions of section 422 of *821 the Probate Code 1 the trial court correctly accorded prefer; ence to the public administrator over appellant Field, and that the order should be affirmed.

Decedent Stephens died intestate, survived by his mother, Olive M. Stephens, his sole heir at law. Mrs. Stephens died testate nine days later. By her will she left her estate, including her interest in decedent’s estate, to her sister Mrs. Leah Field (decedent’s aunt) and to two nieces. Mrs. Field was appointed administratrix with the will annexed of Mrs'. Stephens’ estate in Los Angeles County..Both Mrs. Field and respondent public administrator then applied for letters' of administration for decedent’s estate in Orange County. Let-' ters were granted to the public administrator and Mrs. Field appeals.

The sole issue is the application of section 422. 2 The facts here parallel those of Estate of Wakefield (1902) 136 Cal. 110 [ 68 P. 499 ], in which this court held that brothers did not “succeed to the…