In re the Estate of Heldt

— There are two appeals in this case. The first is from a judgment or order of the superior court, granting letters of administration upon the estate of Frederick Heldt, deceased, to R. B. Maride, and refusing appellant’s application for such letters, and the other is an appeal from an order denying appellant’s motion for a new trial in the same matter. The respondent moves to dismiss both appeals, and we think the motion should be granted.

1. The appeal from the judgment or order appointing an administrator and denying appellant’s application for such appointment was not taken within sixty days after the same was entered, and, therefore, was not taken in time. (Code Civ. Proc., sec. 1715; Estate of Harland, 64 Cal. 379 ; Estate of Burton, 64 Cal. 428 ; Estate of Fisher, 75 Cal. 523 ; Estate of Wiard, 83 Cal. 619 ; Estate of Backus, 95 Cal. 671 .)

2. In this case both the appellant and respondent filed a petition asking for the issuance of letters of administration upon *554 the estate of the deceased, in each of which petitions the applicant stated that he had been requested to act as such administrator by the widow of the deceased, and both of the petitions were heard together…