Estate of Wise

The appellant, A. C. Mouser, appeals from an order of the superior court denying the petition of two nonresidents, heirs of the decedent, for letters of administration upon the estate of Mary 0. Wise, deceased, to Mouser, and granting letters thereon to Edwin Reed, who was the public administrator of the county of San Diego. Mary 0. Wise died intestate seised of real property situated in said county. The only fact by virtue of which the appellant claims the right to letters is that, since the death of the decedent, he has received a conveyance from one of her heirs purporting to convey to him all of the right, title, and interest of said heir in a part of the said real property of which Mary 0. Wise died seised. The said heir was not and is not a resident of the state of California.

The right to letters of administration upon the estate of one who dies intestate is controlled by section 1365 of the Code of Civil Procedure. Under that section, persons are entitled to letters in the following order: “1. The surviving husband or wife, or 'some competent person whom he or she may request to have appointed. 2. The children. 3. The father and mother. 4. The brothers. 5. The sisters. 6.…