Abrahams v. Hosselkus

Citations

• 122 Cal. 162
• 54 P. 736
• 1898 Cal. LEXIS 550

Syllabus

<p>Estates of Deceased Persons—Contest for Letters—“Person-Interested”—Public Administrator.—A public administrator, who asserts a right to administer the estate of a deceased person under section 1365 of the Code of Civil Procedure, is a “person interested’ in a contest for letters of administration, within the meaning of section 1374 of that code, and may appear and contest the appointment of another petitioner.</p> <p>Id.—Construction of Code—Nomination by Nephews and Nieces —Discretion—Appeal.—The nephews and nieces of the decedent have not the absolute right of nomination and revocation of letters secured to the first five classes enumerated in sections 1365 and 1383 of the Code of Civil Procedure, but the rights of their nominee are secured only by section 1379 of that code, under which his appointment by the court is discretionary; and the exercise of its discretion to refuse such appointment and to appoint the public administrator, who is next entitled, on the ground that it is for the best interest of the estate, will not be disturbed upon appeal, if no abuse of discretion is made to appear in the record.</p> <p>Id—Legislative Adoption ' of Construed Statute—Vacancy in Administration.—Section 1379 of the Code of Civil Procedure, relative to appointments of nominees of persons entitled to administer, being a re-enactment of section 66 of the former practice act, which was construed to apply only in cases where there was a vacancy in the administration, it seems should be considered as a legislative adoption of the known construction of the latter section.</p>