Seamen (§ 32*) — Effects—Right to Possession.

The treaty with Sweden (Treaty Series No. 557) by article lé, provides that, in tlie event of any citizen of either Sweden or the United States dying without will in the territory of the other, the consul general, consul, vice consul general or vice consul of the country to which the seaman belongs shall, so far as the Ia.ws of each country will permit and pending the appointment of an administrator, and ‘-until letters of administration have been granted, take charge of the property left by the deceased for the benefit of his lawful heirs and creditors, and have the right to be appointed administrator of his estate. Oode Civ. Proe. Cal. § 1305, after specifically enumerating certain persons to whom administration shall issue and the order in which they are entitled thereto, provides that letters may he granted to any person legally competent. Rev. St. 17. S. § 4544 (XJ. S. Comp. St. 1901, p. 3086), provides that, when a seaman dies intestate and Ms assets do not exceed S300, they shall be paid into the Circuit Court, and may by the court bo ordered delivered to any claimants who may prove themselves either to be widow or children, or be entitled to the effects of deceased under his will, or under any statule or common law, or be entitled to ixrocure probate or take out letters of administration or confirmation, though no such letters have been taken out. Hold, that since it is not necessary, to meet the requirements of section 4544, that an applicant for the property oí a deceased seaman shall appear to have the exclusive right to administer, where a seaman, who was a subject of the king of Sweden, died in the United States, and his property was turned into the registry of the Circuit Court as provided, the Swedish consul, being authorized to administer the assets of his estate under the treaty, was competent to receive such assets.

[Ed. Note. — If or other cases, see Seamen, Cent. Dig. §§ 215-217; Dec. Dig. § 82.*J