McDonald

This is an appeal by the public administrator of the county of Solano, from that part of an order in probate which appointed respondent administrator with the will annexed of the estate of Hazel S. Lagersen, deceased. Said *361 decedent died May 28,1957. On June 20,1957, her will dated March 22, 1949, was filed for probate by the executor named therein, who later renounced the right to letters. On October 4, 1957, respondent herein filed a petition asking probate of said will and for the issuance to him of letters of administration with the will annexed. He therein alleged the renunciation of right to letters by the named executor and that he was the nominee of Victor R. Lagersen, the son of decedent who resided in Louisiana. On October 14, 1957, respondent filed an amended petition alleging that his nominor then resided in California. On June 7, 1957, appellant had filed a petition asking for letters of administration. On June 20, 1957, appellant had filed a petition for letters of administration with the will annexed with respect to the 1957 will, although he alleged that will was invalid. The matters came on for hearing and eventually decedent’s 1949 will was admitted to…