Estate of Winbigler

According to the briefs, the only question presented on this appeal is as to the correctness of the action of the court below in appointing one Fannie S. Cake, administratrix with the will annexed of the estate of deceased, in preference to Fannie M. Reid, who was also an applicant.

The will of deceased did not name an executor, with the result that “letters of administration with the will annexed must be issued as designated and provided for in granting of letters in case of intestacy.” (Code Civ. Proc., sec. 1350a.) Appellant Fannie M. Reid is a child of a deceased brother of deceased (Ira…