Stuers v. Clough

Citations

• 103 Cal. 585
• 37 P. 520
• 1894 Cal. LEXIS 828

Syllabus

<p>Estates of Deceased Persons—Qualification of Public Administrator—Claim Against Estate—Construction of Code.—The mere fact of his being a creditor of, or having a demand against, an estate does not disqualify the public administrator from appointment as administrator thereof; and section 1738 of the code, requiring that the public administrator must not be interested in the expenditures of any estate “he administers,” does not state a rule of disqualification.</p> <p>Id.—Nonresident Father Incompetent — Invalid Request. — A nonresident father of a decedent is not competent or entitled to serve as administrator or to nominate an administrator, and the probate court in making the appointment is bound to disregard any request made by him.</p> <p>Id.—Rights of Public Administrator,—The public administrator is entitled to letters of administration upon the estate of a decedent as against a nonresident father of the decedent or his nominee.</p>