Greenhauff v. Brown

VALLÉE, J.

Appeal from an order of the probate court appointing an administrator with the will annexed.

Samuel L. Jacobs died testate November 2, 1949, a resident of California. His will did not name an executor. He left *453brothers and sisters surviving who are nonresidents and therefore ineligible for appointment as administrator (Prob. Code, § 420) or to nominate. (Estate of Pardue, 22 Cal.App.2d 178 [70 P.2d 678].) He also left respondent Charles Greenhauff, a cousin and a resident of California, surviving. His will gave his entire estate to Greenhauff.

Greenhauff petitioned for probate of the…