McFry v. Casey

S. B. Casey, who was appointed administrator of the estate of his deceased father, and whose appointment is here contested as improper, made his application for appointment after the lapse of 40 days; and it is conceded, of course, that the statutory preference based on relationship to the decedent was thereby lost, and that, there being no other application within the 40 days, the appointment of S. B. Casey is referable to subdivision 4 of section 2520 of the Code: “Such other person as the judge of probate may appoint.”

But it seems to have been settled long ago that, notwithstanding a…