Bacon

On May 15, 1966, Locke, a resident of Los Angeles County, died intestate leaving property therein. S. I. Bacon, a stranger to the estate, but the nominee of Jesse S. Locke, decedent’s resident brother, filed petition for letters of administration; thereafter the Public Administrator of the County of Los Angeles filed his petition for letters alleging that the heirs at law are the two nonresident children. The trial court found that decedent left surviving him an adult daughter and son, both nonresidents, and two brothers, one a resident of Texas and Jesse S. Locke, a resident of California (Finding of Fact II), and that Jesse S. Locke had nominated 8. I. Bacon to act as administrator (Finding of Fact III) ; and concluded that Bacon is entitled to letters of administration. From the order appointing Bacon as administrator and *619 denying the petition of the public administrator, the latter appeals.

Appellant contends that the nominee of the resident brother, who is not an heir, is subordinate to the public administrator, thus he is entitled to letters of administration.

Respondent has not seen fit to submit a brief. The clerk of this court, pursuant to rule 17(b), Rules of…