Interested file objec Debtor of estate.-Indebtedness to the estate does not render å person incompetent to administer, nor take away his priority. But where several applicants are equally entitled, such a fact may be taken into consideration by the surrogate in deciding between them. Churchill v. Prescott, 3 Brad. 233. Gambler.-Improvidence.—The bare fact that the applicant is a gambler will not be sufficient to exclude him as an improvident person. The matter of improvidence, as a disqualification, discussed. Harrison v. McMahon, 1 Brad. 283. The single fact that the applicant is a professional gambler is not of itself enough to debar him from the precedence secured him by statute. Still v. Mc Knight, 7 Watts & Serg. 241. Habitual drunkard.—A person decreed to be a habitual drunkard, is not, by such decree, deprived of his power to perform the duties of the office of executor. Ibid. SEC. 1351. (3 43.) Any person interested in a will may army file objections in writing, to granting letters testamentary tion. to the persons named as executors, or any of them, and the objections must be heard and determined by the court; a petition may at the same time be filed for letters of administration with the will annexed. Unmarried woman executrix her author Statutes of 1851, p. 453, § 43; 1861, p. 631, § 13. See sections 1300, ante, and 1371, post. SEC. 1352. (22 44, 56.) When an unmarried woman, apmarrying, pointed executrix, marries, her authority is extinguished. ity ceases. When a married woman is named as executrix, she may be appointed and serve in every respect as a feme sole. Married woman named may be executrix Statutes of 1851, p. 453, §§ 44, 56; 1861, p. 631, § 15; 1865–6, p. 765, § 2; Executor of an executor. 1870, p. 637, § 1. Where a patent of land was issued by the United States to executors, and an executrix of the last will and testament of one H., in trust for the heirs and devisees of the said H., and the executrix subsequently intermarried with one of the executors: Held, that under the statute of this State, the authority of the executrix ceased by her marriage, and that ejectment based upon the patent, was properly brought in the name of the executors. Teschemacher v. Thompson, 18 Cal. 11. SEC. 1353. (2 45.) No executor of an executor shall, as such, be authorized to administer on the estate of the first testator, but on the death of the sole or surviving executor of any last will, letters of administration with the will annexed, of the estate of the first testator, left unadministered, must be issued. Statutes of 1851, p. 453, § 45. K. died, leaving children, bequeathing her property to her grandson, and appointing him administrator with the will annexed. He came into possession in part of the property, and died, leaving the estate unsettled. B. was appointed administrator de bonis non, and brought suit against the administrator of the grandson for the payment of the claim of K.'s estate for the property received by the grandson: Held, that the probate court is not authorized to cite the administrator of an administrator to settle the account of his intestate with the estate of which he was administrator. The Constitution requires the aid of a statute for the exercise of this jurisdiction by the probate court. Bush v. Lindsey, July Term, 1872; Pac. Law Rep., vol. IV, p. 126. Those interested have a right to recover from the administrator the property. To ascertain the amount an account must be taken, and the jurisdiction of such cases belongs to the district court. Ibid. SEC. 1354. (2 46.) Where a person absent from the State or a minor is named executor-if there is another executor who accepts the trust and qualifies-the latter may have letters testamentary and administer the estate until the return of the absentee, or the majority of the minor, who may then be admitted as joint executor. If there is no other executor, letters of administration with the will annexed must be granted; but the court may, in its discretion, revoke them on the return of the absent executor, or the arrival of the minor at the age of majority. portion of valid. SEC. 1355. (2 47.) When all the executors named are Acts of a not appointed by the court, those appointed have the same executors authority to perform all acts and discharge the trust, required by the will, as effectually for every purpose, as if all were appointed and should act together; where there are two executors or administrators, the act of one alone shall be effectual, if the other is absent from the State, or laboring under any legal disability from serving, or if he has given his coexecutor or co-administrator authority in writing to act for both; and where there are more than two executors or administrators, the act of a majority is valid. Statutes of 1851, p. 453, § 47; 1861, p. 631, § 16. The judgment of the Supreme Court, settling the right of two persons to be appointed executors of an estate, should be carried into effect by the probate court, notwithstanding the death of one of the persons before the probate court acts on the matter. Estate of Pacheco, 29 Cal. 224. Administrators in law are deemed but as one person, and the act of any one of two or more administrators, in a matter within the sphere of his authority as administrator, is the act of all. Willis v. Farley, 24 Cal. 490. Authority of administrators with will annexed. Letters, how issued. Joint administrators and coëxecutors are regarded in law as one person, and consequently the acts of one, in respect to the administration, are deemed to be the acts of all, inasmuch as they have a joint and entire authority over the whole property. Dean v. Duffield, 8 Texas, 235. Where there are two executors, each has a right to receive the debts and assets, and each is answerable for what he receives. Edmonds v. Cranshaw, 14 Peters' Sup. Ct. 166. It is sufficient that a claim is presented to, and rejected by, one of several administrators, to authorize a suit. Dean v. Duffield, 8 Texas, 235. Joint administrators stand on the same footing, and are invested with the same authority in respect to the administration, as coëxecutors; like them, they are regarded in law as one person, and consequently the acts of one, in respect to the administration, are deemed to be the acts of all, inasmuch as they have a joint and entire authority over the whole property. Ibid. Under a will authorizing "the executors" to sell lands, it was held that a sale by one executor, who alone of three appointed, qualified—was valid, without showing that the others renounced or refused to join. Wood v. Sparks, 1 Dev. & Bat. N. Carolina, 389. Co-administrators stand as sureties for each other; and if one is misapplying and squandering the assets of the estate, the liability of the other to be seriously injured, is a sufficient ground for relief on general principles of equity. Davis v. Thorn, 6 Texas, 482. SEC. 1356. (2 48, 49.) Administrators, with the will annexed, have the same authority over the estates which executors named in the will would have, and their acts are as effectual for all purposes. Their letters must be signed by the clerk of the court and bear the seal thereof. Statutes of 1851, p. 453, §§ 48, 49. If the testator appoint, an executor of his will, and the executor dies, and an administrator with the will annexed is appointed, the administrator with the will annexed, under the statutes of California, possesses all the power conferred on the executor named in the will, and can sell the land devised, if the executor could have sold it. Kidwell v. Brumagin, 32 Cal. 436. In general, the term "administrators" in the statutes relative to the estates of deceased persons includes "administrators with the will annexed,” and the latter are subject to all the provisions applicable to administrators generally, except so far as the distribution of the estate is directed by the will. Ex parte Brown, 2 Brad. 22. ARTICLE II. FORM OF LETTERS. SECTION 1360. Form of letters testamentary. 1361. Form of letters of administration with the will annexed. 1362. Form of letters of administration. ters testa SEC. 1360. (50.) Letters testamentary must be sub- Form of letstantially in the following form: State of California, county mentary. ofThe last will of A. B., deceased, a copy of which is hereto annexed, having been proved and recorded in the probate court of the county of, C. D., who is named therein, is hereby appointed executor. H., clerk of the probate court of the county of the seal of the court affixed, the day of Witness, G. 18 (seal). By order of the court, G. H., clerk. Statutes of 1851, p. 453, § 50. , with A. D. ters of administra tion with the will annexed. SEC. 1361. (2 51.) Letters of administration with the Form of letwill annexed must be substantially in the following form: State of California, county of The last will of A. B., deceased, a copy of which is hereto annexed, having been proved and recorded in the probate court of the county of - -, and there being no executor named in the will (or as the case may be), C. D. is hereby appointed administrator with the will annexed. Witness, G. H., clerk of the probate court of the county of with the seal of the court affixed, the day of By order of the court, G. H., clerk. Statutes of 1851, p. 454, § 51. A. D. 18-(seal.) letters of tion. SEC. 1362. (2 71.) Letters of administration must be Form of signed by the clerk, under the seal of the court, and sub- administra stantially in the following form: State of California, county of C. D. is hereby appointed administrator of the estate of A. B., deceased. (Seal.) Witness, G. H., clerk of the probate court of the county of with the seal , A. D. 18-. By Order of persons entitled to administer. Partner not to ad minister ARTICLE III. LETTERS OF ADMINISTRATION, TO WHOM, AND THE ORDER IN SECTION 1365. Order of persons entitled to administer. Partner not to administer. 1366. Preference of persons equally entitled. 1367. In discretion of court to appoint administrator, when. 1368. When minor entitled, who appointed administrator. 1370. Married women not to be administratrix. SEC. 1365. (2 52.) Administration of the estate of 1. The surviving husband or wife, or some compet: ," 3rd line, insert badminister only ersonal estate or 8.1 1365. Administration of the estate of a person dying intestate must be granted to some one or more of the persons hereinafter mentioned, and they are respectively entitled thereto in the following order: 1. The surviving husband or wife, or some competent person whom he or she may request to have appointed; 2. The children; 3. The father or mother; 4. The brothers; 5. The sisters; 6. The grandchildren; 7. The next of kin entitled to share in the distribution of the estate. 8. The public administrator; 9. 76The creditors76; 10. Any person legally competent. If the decedent was a member of a partnership at the time of his decease, the surviving partner must in no case be appointed administrator of his estate. [Took effect March 31, 1876.] mon property, anu to tano pudovanium ......... |