In re Estate of Eggers

Theis Eggers died intestate in the-county of Glenn, of which he was a resident, on the seventh day of October, 1895, leaving a small estate consisting of personal property. On tlie 15th of November following, A. Cartenberg filed in the superior court of that county his petition praying that letters of administration on the estate of said deceased be issued to him.. Thereafter, on the 25th of the same month, J. 0. Johnson, public administrator of the county, filed opposition to the appointment of Cartenberg as administrator, and his petition praying that letters of administration on the estate be issued to him. The two petitions were heard at the same time, and on December 30, 1895, the court denied the petition of the public administrator^ and ordered letters of administration on the estate to be-issued to Cartenberg. From that order the public administrator has appealed.

The Code of Civil Procedure, section 1365, provides °- “Administration of the estate of a person dying intestate must be granted to some one or more of the persons hereinafter mentioned, the relatives of the deceased being entitled to administer only when they are entitled to succeed to his personal estate, or…