Voorhis v. Russell

Citations

• 122 Cal. 379
• 55 P. 136
• 1898 Cal. LEXIS 592

Syllabus

<p>Estates of Deceased Persons—Nonresidence of Executor—Removal. Nonresidence is not made a disqualification to the appointment of an executor; but the appointee must, within a. reasonable time, personally submit himself to the jurisdiction of the court, and personally conduct the settlement of the estate; and if, after having qualified and filed an inventory, the executor again permanently departs' from the state, he may be removed by the court, and an administrator with the will annexed may be appointed in his stead.</p> <p>Id.—Construction of Code—Permanent Removal of Executor from State.—The phrase “ permanently removed from the state,” used in section 1486 of the Code of Civil Procedure, as a ground for revoking the letters of an executor, not only applies to a resident executor who has permanently removed from the state, but the reason for revoking the letters in such a case is equally applicable to a nonresident executor who has come to the state to receive his appointment, and then permanently withdraws from the state and remains away.</p> <p>Id.—Procedure to Remove Exkcutor—Suspension.—The suspension of an executor before citing him to appear and show cause why his leuers should not oe revoked looks toward his removal; but it is not a necessary step, and the court may reach the ultimate object of removal by a direct proceeding therefor witnout a prior suspension.</p> <p>jd.—Information of Judge—Public Administrator.—The source of the information upon which the judge acts in removing an executor is immaterial. He may act upon his own knowledge or from credible information; and it cannot be objected that the public administrator, who has petitioned for such removal, is a volunteer, and has no interest in the estate.</p>