In the matter of the administration of the estate of Tan Po
Pic, deceased. MARTA TORRES, petitioner-appellant, vs. JUAN L. JAVIER, as administrator of the estate of Tan Po Pic, deceased, respondent-appellee.
Lucas Paredes for appellant.
Crossfield & O'Brien for appellee.
SYLLABUS
1. EXECUTORS AND ADMINISTRATORS; PROCEEDINGS FOR
APPOINTMENT. — Where each of two women claimed to be the legitimate wife of the deceased person and one of them made an application to be appointed administratrix of the deceased husband's estate, which application was opposed by the other, the probate court, pending the determination of the contending claims of the alleged wives, was authorized to appoint a disinterested third person administrator of the estate of the deceased husband, in the absence of the other persons described in section 642 of the Code of Civil Procedure as entitled to administration. 2. ID.; ID.; EFFECT OF APPOINTMENT. — The appointment of such a person administrator, while it results in the denial of the petition of one of the alleged wives, does not determine that she is not the wife of the deceased, nor does it affect in any way the claims of either of the alleged wives. 3. ID.; ID.; RELATIONSHIP OF PETITIONERS TO DECEDENT. — The trial court did not err when it declined to decide who was the legal wife of the deceased under the petition for the appointment of an administrator but delayed the resolution of that question until such time as it could be properly met and decide during the course of the administration proceedings.
DECISION
MORELAND, J : p
This is an appeal in a proceeding to appoint an administrator of the