In re Estate of Bergin

Daniel J. Bergin, deceased, died in March, 1892, in the city of Dublin, Ireland, leaving a last will, which was duly probated in the proper court of that county. He left some personal property in the city and county of San Francisco, California. By said will certain persons were appointed executors, and the proponent herein, Thomas I. Bergin, who is a citizen and resident of San Francisco, in the state of California, was named as a devisee. The said proponent produced and filed with this superior court an authenticated copy of said will and probate, together with a petition *289 that the same be admitted to probate here, and that letters of administration with the will annexed be issued to him. Afterward A. C. Freese, public administrator of this city and county, also filed a petition for the probate of said will and for the issue of letters of administration to him with the will annexed.

The question of the right of the public administrator to administer in this case depends upon the various provisions of the Code of Civil Procedure upon the subject.

Under section 1726 he must take charge of the estates of persons dying within his county, as follows: 1. Of the estates of…