Estate of Barrett

Citations

• 5 Coffey 376

Syllabus

<p>Administration—Whether Relatives Entitled to.—The relatives of a decedent are entitled to administer only when they are entitled to succeed to the personal estate or some part thereof.</p> <p>Administrator—Right to Nominate.—In the case of a surviving husband or wife the right to nominate an administrator under section 1365 of the Code of Civil Procedure is absolute, while in the case of other persons contemplated by section 1379 the right is at most a mere power to address a recommendation to the discretion of the court.</p> <p>Administrator—Relation Toward Heirs and Estate.—An administrator sustains to the estate, the heirs and other persons interested the relation of trustee. He takes neither an estate, title nor interest in the lands of the intestate, but a mere naked power to sell for specific purposes.</p> <p>Administrator—Death of Nominor.—If the Daughter of a deceased person gives a third person authority to apply for letters of administration in her behalf, the power so granted ceases and determines at her death.</p> <p>Descent—Vesting of Estate in Heir.—Immediately upon the Death of an ancestor his estate, both real and personal, vests at once by the jingle operation of law in the heir.</p> <p>Descent—Law Purely Statutory.—The Descent of Estates of deceased persons is purely a matter of statutory regulation.</p> <p>Descent—Husband as Heir of Wife.—If a Widower Dies Intestate leaving collateral relatives and one child, a daughter, and she, before the estate is administered, dies intestate without issue, leaving neither father, mother, brother, nor sister, the estate vests in her surviving husband as her heir under subdivision 5 of section 1386 of the Civil Code.</p> <p>Administration—Husband as Relative of Wife.—A husband is of “kin” to his wife and her “relative,” so as to be entitled to administer on her estate under section 1365 of the Code of Civil Procedure.</p> <p>Administration of Wife’s Estate by Husband.—If a widower dies intestate leaving colla