In Re Estate of Seeger

*152The opinion of the court was delivered by

Fatzer, C. J.:

This appeal stems from a controversy over the appointment of an administrator for the estate of Margaret Seeger, deceased.

The facts which are not in dispute may be briefly stated: Margaret Seeger died intestate on April 11, 1970, a resident of Phillips County, Kansas. She left as her sole and only heir at law an incompetent son, Gayle Edward Seeger, 36 years of age, who was and had been for a number of years a resident of the Winfield State Hospital and Training Center. Also surviving her were two brothers, Clyde L. Smith and Glenn J.…