In re Estate of Ogier

Citations

• 101 Cal. 381
• 35 P. 900
• 1894 Cal. LEXIS 1044

Syllabus

<p>Will—Selection of Attorney by Testator—Power of Executrix.—A provision in a will selecting an attorney named therein as attorney of the estate of the testator, and directing the executrix to consult and employ him in all matters pertaining to the distribution of the estate and the requirements of the will, does not constitute a selection of an attorney which is binding upon the executrix, but is simply an advisory provision which she may disregard if she chooses to do so, by the employment of other attorneys.</p> <p>Id.—Construction of Will—Coexecutors.—The direction in the will to the executrix to consult and employ the attorney named therein in all matters pertaining to the distribution of the estate does not entitle the</p> <p>attorney to be appointed as coexecutor with the executrix, it appearing from the whole tenor of the will that the intention of the testatrix was simply to make him the attorney and counselor of the executrix, and not to commit to him the administration of the estate.</p>