Administrative
JOHN ANDERSON, Appellant, v. A. W. POTTER, Respondent
5 Cal. 63·Supreme Court of California·1855·CA
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Opinion
JOHN ANDERSON, Appellant, v. A. W. POTTER, Respondent.
That section of the statute which provides, that any other of the next of kin who would be entitled to share in the distribution of the estate shall be entitled to administer, must be construed to mean the next of kin capable of inheriting, or who would be entitled to distribution if there be no nearer kindred.
Appeal from the Probate Court of Nevada County.
Alexander Anderson for Appellant.
Tweed & Searles for Respondent.
No briefs on file.
[MAJORITY — Heydeneeldt, J„ delivered the opinion of the Court.]
Heydeneeldt, J„ delivered the opinion of the Court.
Murray, C. J.,. concurred.
Under the statute regulating estates of deceased persons, the seventh classification of persons entitled to administer, comprising “ any other of the next of kin who would be entitled to share in the distribution of the estate,” ^must be construed to mean the next of kin capable of inheriting, or who would be entitled to distribution if there were no nearer kindred.
The decree of the Probate Court is reversed, and the cause remanded.