100 Cal. 376 | Cal. | 1893
Daniel J. Bergin, deceased, died in March, 1892, in the city of Dublin, Ireland, leaving a last will, which was duly probated in the proper court of that country. He left some personal property in the city and county of San Francisco, California. By said will certain persons were appointed executors, and the respondent herein, Thomas I. Bergin, who is a citizen and resident of San Francisco, in the state of California, was named as a devisee. The said respondent produced and filed with the superior court of the city and county of San Francisco an authenticated copy of said will and probate, together with a petition that the same be admitted to probate here, and that letters of administration with the will annexed be issued to him. After-wards, A. C. Freese, public administrator of said city and county, also filed a petition for the probate of said will, and for the issuance of letters of administration to him. The court, after a hearing of both petitions, admitted the will to probate, ordered that letters be granted to said Thomas I. Bergin, and denied the petitioniof Freese; and from these orders Freese appeals.
We are satisfied that the ruling of the lower court was correct. The part of the code which governs this case is found in article III, chapter 2, title XI, part III, of the Code of Civil Procedure, embracing sections 1322 to 1324 inclusive, under the head of “ Probate of Foreign Wills.” It is there provided that an authenticated copy of the will, and of its probate in the foreign country, “shall be produced by the executor or other person interested in the will, with a petition for letters;
We do not desire, however, to have this opinion taken as assuming that a public administrator would, under any circumstances, be entitled to letters of administration in a case of a foreign will. That matter was clearly not in the mind of the court in any of the cases cited; and whether or not the general provisions of the code about public administrators refer only to the estates of persons dying in their counties, and to domestic wills, must be considered an open question.
Orders appealed from affirmed.
Fitzgerald, J., and De Haven, J., concurred.
Hearing in Bank denied.