Estate of Herold

The guardians claim the right to letters of administration under the express provisions of sections 1365 and 1368, Code of Civil Procedure.

The public administrator claims the right to letters of administration by reason of having filed his petition therefor before a guardian for the minor children of deceased could be appointed, and bases his claim exclusively upon the decision of this court in the Matter of the Estate of Charles J. Vane, Deceased, No. 10,415.

Decedent left three minor children as her next of kin and heirs at law.

Section 1365, Code of Civil Procedure, provides that “Administration of the estate of a person dying intestate must be granted to some one or more of the persons hereinafter mentioned, and they are respectively entitled thereto in the following order: ....

The law provides (Code Civ. Proe., see. 1368), that, if the persons entitled to letters of administration are minors, letters must be granted to their guardian, thus securing the rights of minors through their guardian, and placing them in all other respects on the same footing as majors. If the children in this case had been of age the public administrator would undoubtedly concede that they were…