Abrahams

This is the appeal of L. Abrahams from the order denying his petition for letters of administration upon the estate of Matthew Healy, deceased, and granting letters to another petitioner, J. W. Hosselkus, public administrator.

*163 The only relations of the deceased living in California are Ulty and James McCabe and their married sister, all children of a deceased sister of the intestate. Ulty and James, being of lawful age, and of the next of kin, were entitled to letters as belonging to the seventh class enumerated in section 1365 of the Code of Civil Procedure. They did not themselves apply for letters, however, but nominated and requested the appointment of Abrahams, the appellant herein. He petitioned as their nominee. Thereafter Hosselkus entered a contest to Abraham’s petition, and at the same time filed a petition of his own asking for letters. The McCabes in turn contested the petition of Hosselkus. The petitions and contests were heard together. Abrahams moved the dismissal of Hosselkus’ contest, upon the ground that he was not a party interested within the meaning of section 1374 of the Code of Civil Procedure, and the motion was denied. The outcome of the hearing was…