In re the Estate of Donovan

Timothy Donovan died intestate in Santa Clara county in this state, leaving an estate in said county.

Appellant and respondent each applied for letters of administration, the latter being the public administrator of said county. John Donovan, a brother of the deceased, requested the appointment of appellant. This request was denied, upon the ground that John Donovan was not a bona fide resident of this state, and therefore not entitled to administer the estate, under section 1369 of the Code of Civil Procedure, nor competent to nominate another under section 1379 of the same code. (See Estate of Beech, 63 Cal. 458 , and In re Bedell, 97 Cal. 339 .)

The sole question, therefore, is whether John Donovan was, at the time he made the request, a bona fide resident of this state. If he was, he was first entitled to administer, and so had the right • to nominate appellant.

Timothy Donovan died January 10,1894. John Donovan was then residing, and for about thirty-eight years had resided, at Chicopee, in the state of Massachusetts. On January 20,1894, he, and others entitled to share in the estate, signed and forwarded to appellant a written request for his appointment as administrator,…