Estate of Graff

The facts in this matter are admitted. Esmerencia Sanchez Graff died intestate leaving estate in the city and county of San Francisco. Her only heirs at law are two grandchildren, Hildegard Melsheimer of the age of majority residing in Belgium, and Carmelita Muller, a minor residing in Germany. The respondent, William Rennie, is the guardian of the estate of Carmelita Muller. Two petitions for letters of administration of the estate of Esmerencia Sanchez Graff, deceased, were filed, one by said William Rennie, claiming the right to administer as guardian of the estate of Carmelita Muller, the other by M. J. Hynes, claiming the right to administer as public administrator of the city and county of San Francisco. The court granted the petition of William Rennie and denied that of M. J. Hynes and this appeal is taken by the latter.

The question presented for determination is solely whether the guardian of the estate of a nonresident minor, heir of a deceased person, is entitled to letters of administration.

Section 1365 of the Code of Civil Procedure enumerates the persons who are entitled to letters of administration of the estate of a decedent and the preferential order in which…