In re the Estate of De Hart

John 0. Boylan, 8.

In this proceeding for the appointment of an administrator two petitions were filed. One was by Frank Knowlton, a resident of Oakland, California, and the other by Albert K. Buhl, a resident of Richmond County, New York. Both petitioners have an equal right to administration and each requests the grant of letters to him. Since both applicants are in the same class the appointment is in the discretion of the Surrogate. Section 118 of the Surrogate’s Court Act provides in part that “ If several persons have an equal right to administration, * * * that person must be appointed,…