Estate of Kirtlan

Citations

• 16 Cal. 161
• 1860 Cal. LEXIS 197

Syllabus

<p>The brother of deceased being entitled to letters of administration on the estate, gave D., a stranger, a writing requesting the Court to appoint him administrator. D. applied for letters, annexing to his petition said writing. At the hearing, the brother asked leave to withdraw the writing, opposed the appointment of D., and prayed letters to himself: Held, that the brother waived his right, and that having encouraged D. to go to the expense and trouble of applying for letters of administration, he is estopped from withdrawing his assent and waiver, or renunciation.</p> <p>The mere fact that one is not of kin to the deceased does not incapacitate him to hold the office of administrator. A stranger is legally competent, though the other parties named in the fifty-second section of the Act concerning the Estates of Deceased Persons, (Wood’s Dig. 396) are entitled to priority.</p> <p>The sixty-sixth section of that act does not restrict the power of appointment given in the fifty-second section. The object of this section—the sixty-sixth—authorizing the appointment of some competent person at the request of the person entitled, to be joined with such person, was to allow those entitled to letters the aid of others more competent.</p>