In re Bauquier
Citations
- 88 Cal. 302
- 26 P. 178
- 1891 Cal. LEXIS 691
Syllabus
<p>Estates of Decedents — Disqualification of Executrix — Claiming Adversely to Estate—“Integrity” — Construction of Code.—The word “ integrity” as used in section 1380 of the Code of Civil Procedure, providing that no person is competent to serve as an executor or executrix who is wanting in integrity, means soundness of moral principle and character, and is synonomous with probity, honesty, and uprightness in business relations with others; and the mere fact that a person named as executrix in a wdl claims property as her own, which the other legatees insist belongs to the estate, does not, of itself, show a want of integrity, or disqualify her from serving as executrix, if the adverse claim is honestly made.</p> <p>Id.—Right oe Executob to Act — Incompetency. —At the time of admitting a will to probate, the court must appoint as executor the person who is named as such in the will, if he has petitioned therefor and is not incompetent, unless written objections have been filed, showing that the applicant is incompetent upon some one of the grounds specified in section 1350 of the Code of Civil Procedure.</p> <p>Id. — Statutoey Incompetency. — The court has no right to adjudge a person incompetent to be appointed as an executor unless he falls within one of the classes of persons expressly declared to be incompetent by statute.</p> <p>Id. — Want oe Integrity — Evidence. — While the court is authorized to refuse to appoint an executor named in a will for want of integrity, yet this power should not be exercised except upon clear and convincing evidence establishing such disqualifying fact.</p> <p>. Id. —Removal of Executor.—An executor may be removed after appointment if he does not discharge the duty of his trust faithfully and as directed by law.</p> <p>Id. — Appealable Order — Denial of Right of Executob — Obder Refusing New Trial. —Where an issue arises upon objections by the legatees to the appointment as executrix of one named in the will as such, she having a
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that the Court has “little tolerance for a lawyer who lies during disciplinary proceed- ings or engages in conduct involving dishonesty, fraud, deceit, or misrepresentation” (quotation marks omitted)
- noting that special master considered respondent’s evidence in mitigation after denying respondent’s motion to set aside default
- finding “no mitigating circumstance[s] of significant weight” where character witnesses only testified to attorney’s reputation as an effective advocate
- finding “no mitigating circumstance[s] of significant weight” where character witnesses only testified to attorney’s reputation as an effective advocate
- disbarring attorney, who was in default, for violating Rules 1.15 (I) (b), 4.1 (a), 8.4 (a) (4), and 9.3 where attorney executed false affidavit and subsequently failed to satisfy hospital lien and where there were aggravating factors and no mitigating circumstances of significant weight
- disbarment where attorney filed false affidavit in court and then engaged in pattern of bizarre, \disrespectful and outrageous conduct throughout the disciplinary process\
Source: CourtListener parenthetical corpus (CC0).
Judges: Haven
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