McGilvary v. Knight

Citations

• 120 Cal. 344
• 52 P. 832
• 1898 Cal. LEXIS 766

Syllabus

<p>Estates op Deceased Pebsons—Foreign Will—Right to Letters.—Where a will proved in another state is afterward proved in this state by filing a duly authenticated copy of the will and of its probate, the executor named in the will, though a nonresident of the state, is entitled upon his application therefor to letters testamentary if he is in this state; but, in default of application therefor by such executor, or by a devisee resident in this state, who is entitled to act as administrator, there is no statutory provision requiring the court to appoint the nominee -of such executor or of any resident devisee. Section 1379 of the Code of Civil Procedure places the appointment of the nominee of the person entitled to administration in such case in the discretion of the court, and the court has discretion to appoint the public administrator, instead of such nominee.</p> <p>Id,—Public Administbatob—Place op Death Immaterial.—The court is not limited, in appointing the public administrator to take charge of an estate, to the estates of such persons as die within his county, but he is competent to administer upon the estate within his county of any decedent, irrespective of the place of his death.</p>