In re Estate of Von Buncken

Citations

• 120 Cal. 343
• 52 P. 819
• 1898 Cal. LEXIS 765

Syllabus

<p>Estates of Deceased Persons—Letters of Administration with Will Annexed—Priority of Right—Failure to Name Executor.—Where a will omits to appoint an executor, the public administrator has not a prior right, as against a legatee, to letters of administration with the will annexed. The provision of section 1350 of the Code of Civil Procedure, for the issuance of letters of administration with the will annexed, upon certain conditions, as in cases of intestacy, only applies to cases where an executor has been named in the will.</p>