Legal Opinion

In re Estate of Piercy

Superior Court of California, County of San Francisco

Decided February 27, 1904No. 29,127Published

Applications for letters of administration—the first by Andrew J. Piercy, son; and the second by the Central Trust Company, nominee of eldest son and daughter.

1Opinion of the CourtCoffey, J.

Edward M. Piercy and Mrs. Jane Martel, son and daughter, respectively, of decedent, ask the appointment of the Central Trust Company as administrator of the estate of their deceased mother, and oppose the application of their only surviving brother, Andrew J. Piercy, on the grounds of incompetency under the statute, section 1369, Code of Civil Procedure, by reason of drunkenness, improvidence and want of understanding and integrity.

The precise language of the pertinent part of the statute is: No person is competent or entitled to serve as administrator or administratrix who is adjudged by the…

2Cases cited6 opinions

  1. In re BauquierCalifornia Supreme Court · 1891
  2. Coope v. LowerreNew York Court of Chancery · 1845
  3. Connors v. SecordCalifornia Supreme Court · 1895
  4. In re Estate of PachecoCalifornia Supreme Court · 1863
  5. Root v. DavisMontana Supreme Court · 1890

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