In re the Application for the Appointment of an Administrator with the Will Annexed under the Last Will & Testament of Ferguson

Church, S.

The executor nominated under the will which has been admitted to probate died before the issuance of letters testimony. Application is made by Hamilton Pomeroy for the issuance of letters of administration with the will annexed to him, on the ground that he is the residuary legatee, and, therefore, entitled to same under the provisions of section 2643 of the Code of Civil Procedure. The question as to his rights to these letters turns, therefore, solely upon the question of whether or not he is the residuary legatee within the meaning of such section of the Code.

Under the provisions…