Connors v. Secord

Citations

• 110 Cal. 408
• 42 P. 906
• 1895 Cal. LEXIS 1070

Syllabus

<p>Estates of Deceased Persons—Right of Administration—Competency of Father of Deceased—Improvidence— Question of Fact.—Where the competency of the father of a deceased person, who petitioned for letters of administration upon the estate of his son, was contested by the public administrator, by reason of the alleged improvidence of the father rendering him incompetent to serve as administrator, the question as to whether the petitioner was incompetent to serve as administrator by reason of his improvidence or not is a question of fact to be determined by the court below, in view of all the evidence before it; and where the evidence is substantially conflicting, and there is sufficient . evidence to sustain a finding that the father was not improvident or incompetent, its determination cannot be disturbed on appeal upon mere technical grounds. . 0</p> <p>Id.—Nature of Improvidence.—The improvidence which is a ground of exclusion of a relative of the deceased from administration is that want of care or foresight in the management of the property which would be likely to render the estate and effects of the intestate unsafe, or liable to be lost or diminished in value by improvidence, in case administration thereof should be committed to such improvident person.</p> <p>Id.—Evidence—Character—General Reputation — Testimony as to Improvidence.—Although, as a general rule, character can only be proved by general reputation, and cannot be shown by evidence of particular and specific facts, but may be proved by negative testimony, yet, where the testimony adduced as to the improvidence of the defendant not only assailed his general reputation for providence, industry, and sobriety, but stated that he squandered his money for liquor and contributed nothing to the support of his family, it is competent to meet and overcome such evidence by proof that he had accumulated property, was never intoxicated, had supported his wife and family while residing with him, had never squand