In re Estate of Griffiths

Citations

• 3 Coffey 545

Syllabus

<p>Administrator—Bight of Nonresident to. Act or Nominate.—One who is not a resident of this state is not competent to act as administrator; neither is he, unless a surviving spouse of the decedent, entitled to nominate an administrator in the first instance, or to have letters already granted revoked and his nominee appointed.</p> <p>Administrator—Bevocation of Letters.—Section 1385 of the Code of Civil Procedure applies only to an applicaton for a revocation of letters, and to give the court jurisdiction, a petition must be presented praying for such revocation. The section has no application to a petition for letters in the first instance.</p> <p>Administrator.—As Between the Nominee of Nonresident Brothers of an intestate, and the public administrator, the latter is entitled to letters of administration.</p> <p>Superior Court.—While the Decisions of One Department of the superior court are not absolutely binding upon the other departments, still they should at least be regarded as authority and not departed from except for substantial reasons.</p>