In re Frey

Citations

• 52 Cal. 658

Syllabus

<p>Probate Practice—Letters Testamentary.—If the Court orders letters to issue to one person, the issuance of letters to another is unauthorized and void.</p> <p>Commissions or Executor. — A person acting as executor under void letters testamentary is not entitled to commissions, fees, or charges.</p> <p>Common Property.—A testator cannot dispose of more than one-half of the common property by will.</p> <p>Will—Election.—The surviving wife, by acting and taking under the will in this case, will not be deemed to have renounced her rights in the common property.</p>