Estate of Bily

VALLÉE,

J.

Appeal from an order admitting a foreign will to probate and directing that letters of administration with the will annexed shall issue.

Charles Bily died testate October 1, 1937, in Florida, a resident and domiciled therein. On the date of his death he had no property in California. On that date he was the owner of a contract between himself and Max Sobel and Fannie Sobel. Fannie Sobel became a resident of California in 1945. Max Sobel became a resident of California in February, 1946.

The petition for probate of the will alleged that the property

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of the estate in California consists of a cause of action against the Sobéis for about $8,000 with interest, based upon a contract in writing executed July 5, 1924. The Sobéis filed objections to the admission of the will to probate upon the ground that the probate court did not have jurisdiction by reason of the fact that the deceased did not have any property in California on the date of his death. The court overruled the objections, made findings of fact and conclusions of law, and ordered that the will be admitted to probate and that letters of administration with the will annexed issue. The Sobéis appeal.

Respondent contends that the appeal should be dismissed for the reason that neither appellant is a person interested and therefore not entitled to oppose the petition for admission of the will to probate or to appeal. The point is well taken.

Probate Code, section 370, providing for contests of wills before probate, says that “Any person interested may contest the will.” Probate Code, section 442, providing for contests of petitions for letters of administration, says that “Any person interested may contest the petition. ’ ’ One who opposes the probate of a will must be a person interested

in the estate. (Estate of Flood,

55 Cal.App.2d 410, 412 [130 P.2d 811] ;

Estate of Webster,

59 Cal.App.2d 1, 4 [137 P.2d 751].) Whether appellants are persons interested, is a question of law.