In re Estate of Bergin

Citations

• 100 Cal. 376
• 34 P. 867
• 1893 Cal. LEXIS 804

Syllabus

<p>Estates of Deceased Persons—Probate of Foreign Will—Petitions of Devisee and Public Administrator.—■'Where a citizen and resident of this state, named as devisee in a will which has been duly probated in the proper court of a foreign country, presents an authenticated copy of the will for probate together with a petition that the will be admitted to probate in the county where the deceased left some personal property, and that letters of administration with the will annexed be issued to him, he is properly entitled to such letters; and a petition of the public administrator for the issuance of letters of administration to himself should be denied.</p> <p>Id.—Construction of Code—Rights of Person Interested in Foreign Will.—That part of the Code of Civil Procedure embracing sections 1322 to 1324 inclusive, under the head of “Probate of Foreign Wills,” deals specially with the subject matter of foreign wills, and must prevail over all conflicting provisions as to all matters and questions arising .out of that subject matter; and under these provisions letters of administration must be granted to any “person interested in the will” who applies for them, in the absence of a petition by the executors.</p> <p>Id.—Right of Public Administrator—Question Not Decided.—The question whether a public administrator would, under any circumstances, be entitled to letters of administration in case of a foreign will is undecided, and must be considered an open question.</p>