Estate of King

Citations

• 4 Coffey 10

Syllabus

<p>Letters of Administration.—If the Executor Named in a Will is incompetent, or renounces, or fails to apply for letters, then letters of administration with the will annexed must be issued as provided in section 1365 of the Code of Civil Procedure.</p> <p>Executors—Renunciation of Right to Letters by Nominating Administrator.—Where the executors named in a will request the appointment of another person as administrator, who is appointed and dies during administration, and the executors thereupon apply for letters, such application is based upon the circumstances then existing, and their previous failure to apply for letters does not affect their right to appointment under such altered circumstances.</p> <p>Executors—Right to Letters After Death of Administrator with Will Annexed.—Where petitioners for letters are next of kin of the testator, and would be entitled if he had died intestate to share in the distribution of his estate, they are entitled to administer thereon in preference to the public administrator, without the testator’s nomination of them as his executors; and their request for the appointment of another as administrator, who is appointed accordingly and dies during administration, does not deprive them of their right to letters after the death of such administrator.</p> <p>Executors.—Where Executors Fail to Apply for Letters Testamentary, the court is authorized to appoint an administrator with the will annexed, without any request or renunciation by the executors. It does not follow, therefore, when the executors make a request, that the court, by appointing an administrator with the will annexed, treated such request as an absolute renunciation.</p> <p>Executors—Renunciation by Nominating Administrator.—Two heirs and legatees of the decedent, who were also named in his will as executors, requested the appointment of a person designated by them as administrator with the will annexed; and, with the expressed intention that such person and no other