Schroeder v. Superior Court

Citations

• 70 Cal. 343
• 11 P. 651
• 1886 Cal. LEXIS 791

Syllabus

<p>Estate of Decedent—Appointment of Special Administrator—Prior Appointment of Executrix—Suspension and Removal.—Where letters testamentary have been issued to an executrix, the superior court has no power afterwards to appoint a special administrator of the estate, unless the executrix is first suspended or removed.</p> <p>Id. — Executrix not Removed by Appointment of Special Administrator. — An ex parte order appointing a special administrator does not operate as a removal of an executrix previously appointed.</p> <p>Id.—Marriage of Executrix — Effect of.—Under section 1352 of the Code of Civil Procedure, the marriage of an executrix does not eo instanti deprive her of the power to act. It merely renders her incompetent, so that she may be proceeded against for suspension and removal as provided by the code.</p>