Boyes

This application for a writ of supersedeas seeks to stay, pending appeal, all proceedings under an order appointing the Public Administrator of San Joaquin County as administrator of the estate of the decedent.

On January 26, 1945, Sam Lee died in the county of San Joaquin. On January 31, 1945, the public administrator of that county petitioned the superior court for letters of administration of the estate of the deceased, and the matter was set for hearing on February 13, 1945. On or about February 9, 1945, Mark Yee Wo, who claims to be the sole heir at law of the decedent, filed his petition for appointment as administra *296 tor. His petition, though placed in the file with the petition of the public administrator, was set for hearing on February 26, 1945, and then continued to March 5, 1945. On February 13, 1945, the court appointed the public administrator as administrator of the estate of the decedent and held that petitioner was not entitled to rely on section 442 of the Probate Code, which provides that the hearing of petitions for letters in the matter of the same estate shall be heard together.

On March 10, 1945, the petitioner filed his notice of appeal to this court…