In re Estate of Bedell

Citations

• 97 Cal. 339
• 32 P. 323
• 1893 Cal. LEXIS 543

Syllabus

<p>Estates of Deceased Persons — Appointment of Administrator — Nominee of Parents — Public Administrator.—The nominee of the father and mother of a deceased person is entitled to letters of administration upon the estate, in preference to the public administrator.</p> <p>Id. — Construction of Jode — Nominee of Person Entitled — Preferred Right. — Jnder section 1379 of the Code of Civil Procedure, the nominee of any person entitled to administration upon an estate by virtue of section 1365 of that code has a preferred right to the administration over a person belonging to any subsequent class mentioned in the latter section. Section 1379 is general, and applies to each of the classes of persons named in section 1365.</p> <p>Id.—Special Right of Surviving Husband or Wife to Nominate — Qualification of Person Nominating.—The provision in section 1365 of the Code of Civil Procedure, giving to the surviving husband or wife the right to nominate some competent person, does not restrict the right of requesting an appointment to them, to the exclusion of the general right of nomination conferred by section 1379, but constitutes a special provision for the appointment of the nominee by the surviving husband or wife, irrespective of whether they are themselves entitled to administration, while in other cases only the nominee of one who is himself competent to serve can be considered.</p> <p>Id. ■—Effect of Written Nomination — Waiver of Right of Administration— Second Nomination — Right of First Nominee. — A written request, by one entitled to letters of administration upon an estate, for the appointment of a nominee is a waiver and relinquishment of his right to administration in favor of the nominee; and a subsequent request of the nominor for the appointment of another person does not render ineffective the first request, and an application thereon for letters of administration.</p>