In re Brown

Citations

• 80 Cal. 381
• 22 P. 233
• 1889 Cal. LEXIS 923

Syllabus

<p>Estates oe Deceased Persons—Non-resident Executor. —A non-resident executor may through an attorney apply for and receive letters testamentary in this state, and is constructively present through the attorney by whom he applies, though actually out of the state when the application and order for the issuance of letters is made; but he must come into the state within a reasonable time, and personally submit himself to the jurisdiction of the court, and personally conduct the settlement of the estate.</p> <p>Id. — Absence erom: State — Construction oe Code. — Section 1354 of the Civil Code, in using the words “a person absent from the state,” in providing for letters testamentary to a co-executor, or letters of administration with the will annexed, if there is no other executor, which may be revoked upon the return of the absentee, is construed to mean a person both actually and constructively absent from the state, who has made np application for letters.</p>