The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1892-03-26
CONTESTED LETTERS.

Guenther VIII Have Charge OF the
Estate of Diamond Carrie"
Judge Coffey rendered his decision yes
terday afternoon In the contest between the
Public Administrator and the nominees of
the parents of the decedent for letters OF
administration in the estate Of Clara Cecilia
Bedell. Few perhaps would recognize under
this name the identity of the woman, who
was known to the world as Carrie McClay"
and among her intimates as Diamond
Carrie" and who kept certain house which
was extensively patronized by class of
blase roues and impressionable youths with
more money than brains.
Carrie McClay left will in which she
made choice of Richard V. Dey, the capt.
talist, of Virginia City, New, as executor,
but for very good and obvious reasons he
declined the trust. Then Edward w. Guen-
office. was appointed at the request of the
father and mother of the dead woman,
though after the matter had been submitted
to Judge Coffey the father undertook to re-
tract his REIMBURSEMENT and requested the
appointment of the Public Administrator.
The Judges decision was quite elaborate.
He cited section 1866 OF the Code Of Civil
Procedure, which specified 10 classes Of
persons who are entitled to letters in the
order of enumeration, in this case the father
i
Administrator in the eighth. and the last or
tenth including the applicant, Guenther.
The Public Administrator commended that
the written request OF the father and mother
In favor OF a person within the tenth class
cannot superSede his right to letters, as
under section 1865 he is entitled before a
person OF the tenth class.
This construction OF the law, 1t was held,
denies TO section 1879 any effect or force
whatever, because If the priority of right TO
letters specified in section 1865 must always
prevail, then ii is idle TO make a written re-
quest for the appointment of any person eX-
cept he be the one next entitled to letters of
administration after the person making the
request In such case, said the Judge, the
person entitled could simply decline to ap-
ply Tor letters and would thus accomplish
his object fully without making any written
request; but section 1879 expressly pro-
yides that letters Of administration may be
granted to competent person" who is
mot otherwise entitled TO the same at the
written request OF the rerson entitled. This
construction adopted by the court, there
fore, gave force and effect to all the provi-
slons OF the sections of the codes in ques-
ton, while the contrary construction denied
10 section 1879 any force or effect whatever.
Another point was whether the second
request OF the father materially modified
the situation or changed the legal relation
or circumstances of the parties TO this con-
troverSy. His Honor declared that this sec
ond request OF January 3. 1892, should be
disregarded, because he had already exer-
eised his statutory right by his written re-
quest of December z, 1891, attached TO
Guenther's petition and having encouraged
him to go 10 EXPENSE and trouble in apply
Ing for this Office. he was estOpped at the
date of the second request from withdraw
ing his waiver or retracting his remuneration.
9uen.her's application was therefore
granted.