In re Estate of Bedell

Testatrix died leaving a will nominating one Richard Y. Dey as executor. Dey renounced and Gunther applied for letters of administration, with the will annexed, upon request preferred in writing of the father and mother. The father expressly waived and relinquished his right to be appointed, and requested the appointment of Gunther. Subsequently, and after the case was submitted for consideration, *80 he undertook to retract this relinquishment and requested the appointment of the public administrator.

The first brief was filed January 5th, the last brief February 6, 1892; the first requested of the father, in favor of Gunther, December 7, 1891, and the second request (the last up to date) January 9, 1892. I shall treat the case, first, as it stood at the submission, and, secondly, as it is claimed to have been modified by the second request of the father.

Section 1365 of the Code of Civil Procedure spécifíes ten classes of persons to whom letters of administration may be granted, who are entitled to letters in the order of enumeration. The father and mother constitute the third class, the public administrator the eighth class, and the last or tenth class includes the applicant,…