McIntyre v. Brandt

BROWN (Gerald), P. J.

William J. Mullane died in August 1966. The executor named in his will predeceased him. In September 1966, appellant residuary legatee McIntyre and the Public Administrator of Orange County each petitioned for appointment as administrator with the will annexed of Mullane’s estate. The superior court appointed the public administrator. McIntyre appeals from the order of appointment.

The sole issue is whether appellant or respondent has priority of appointment under Probate Code, section 409.

The applicable sentence in section 409 begins: “, . . Persons are entitled to…