66 P. 846 | Cal. | 1901
Deceased died in the state of Virginia, leaving a last will and testament, which was admitted to probate in that state, and letters testamentary thereon were issued to one A.B. Bevan, named in the will as executor thereof. An authenticated copy of the will was filed in the superior court of the city and county of San Francisco, *8 where the deceased left estate, and Henry P. Umbsen petitioned for letters of administration with the will annexed, the foreign executor joining in the petition and requesting the nomination of Umbsen. P. Boland, the public administrator of the city and county of San Francisco, filed his opposition and his petition that he himself be appointed. The opposition and the petitions were heard together, and the court made its order admitting the will to probate and appointing Umbsen administrator of the estate with the will annexed. The public administrator appeals.
In appealing he insists that no discretion was vested in the court, and that as matter of strict legal right he was entitled to letters. The Estate of Richardson,
The court had the power so to do, and the order and decree appealed from are therefore affirmed.
Temple, J., and McFarland, J., concurred.