Estate of Herriott

In Estate of Herriott (1933) 219 Cal. 529, the Supreme Court was dealing with a priority struggle between the public administrator and decedent's sister postdating the death of the mother and father of the decedent. Facing this factual situation, the court stated: "It is clear at the outset that when the decedent died neither of the parties here concerned could have successfully applied for letters of administration upon decedent's estate, for until the death of the father the first parent to die, both mother and father would have been preferred to them under the statute had they applied for said letters. This right continued in the mother until her death. So until February 13, 1931 death of the mother, neither the public administrator nor sister had a preferential right to letters of administration. We reason, therefore, that in order to prevail appellant the public administrator must concede that the status of the parties at the time letters are granted must control." ( Id., at p. 531.)