McGilvary

The deceased was for many years a professor of Latin in the University of California, and a resident of the county of Alameda. In April, 1896, he obtained leave of absence for a year for the purpose of pursuing archaeological studies in Greece, and died at Athens on the eleventh day of December, of that year. At the time of his death he was unmarried, and left no heir or next of kin in this state. After leaving this state, he executed his last will and testament at Hartford, in the state of Connecticut, May 16, 1896, which was admitted to probate by the probate court of Suffolk county, in the state of Massachusetts, and F. J. Stinson, who was nominated in the will, was appointed executor thereof. By the will of the deceased, the regents of the University of California were made one of his devisees, and on February 23, 1897, in pursuance of a resolution of that body requesting his appointment, the appellant filed in the superior court for the county of Alameda a duly authenticated copy of the will and of its probate, together with a petition for the issuance to him of letters of administration with the will annexed. Stinson, the executor appointed by the probate court in…