Bronner

This is an appeal from a judgment of the superior court of Sacramento county, in probate, denying the petition of the appellant, as public administrator, for letters of administration, and granting the petition of Victor J ah ant for the probate of the last will, and granting letters testamentary to him, the said Victor Jahant, as executor of the last will of Richard Hick.mau, deceased.

Richard Hickman died on or about May 5, 1893, at the county of Sacramento, leaving what purported to be a last will, by which he devised and bequeathed all of *612 his estate, real and personal, to his wife, Elizabeth Hickman, subject to the payment of his debts, and appointed Victor Jahant as the executor of such will, to serve without bonds.

Jahant, the executor named, filed a petition for the probate of the will, showing, among other things, estate, real and personal, in the county of Sacramento; that Elizabeth Hickman, the wife, had died; that there were no heirs in Sacramento county; that the next of kin, who are heirs, and their residence was unknown, etc.

Appellant, who is the public administrator of the county of Sacramento, filed a contest of the probate of the will, setting out, among…