Estate of St. John

The sole question presented upon this appeal is whether the court below erred in issuing letters of administration to the public administrator to the exclusion of the nominee of the children of the decedent. Respondent public administrator contends that it was proper for the probate court, in the exercise of its discretion, to prefer him because of the adverse interest of the children growing out of their claim, evidenced by an action pending at the time of the appointment, that all of the property of the estate represented the separate property of decedent’s first wife and passed to them as…