Shea

On this appeal, we aré called upon to determine whether a young Rumanian boy, Carol Roland Tischler, who is a nonresident alien, is entitled to receive the proceeds of a California bank account as heir of his father, Marc Tischler, who was the sole heir of Carol Roland Tischler’s long-deceased grandfather and namesake, Carol Tischler.

The relevant facts were stipulated.

The sole asset of the estate was a bank account of Carol Tischler, alien resident of Rumania, in the Crocker-Anglo National Bank of San Francisco. On behalf of the appellant, the public administrator was appointed administrator of the estate. On July 11, 1966, he petitioned for distribution to appellant of the proceeds of the estate. This petition was denied, when the Attorney General objected, claiming the estate had escheated to the State of California, under Probate Code section 1026. Appeal from the order denying distribution to appellant followed.

The Attorney General’s contention that the order is not appealable is directly answered by Probate Code section 1240, which provides for ar appeal from an order “determining . . . the persons to whom distribution should be made.” The, corollary, that…