Estate of Held
Superior Court of California, County of San Francisco
On June 9, 1884, John E. Hammersmith filed his petition for special letters upon the estate of the above-named decedent.
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On June 9, 1884, John E. Hammersmith filed his petition for special letters upon the estate of the above-named decedent. He alleged that she died in San Francisco, a resident thereof and leaving estate therein, on December 9, 1883; that she left a last will and testament dated July 2, 1883, wherein he, petitioner, was named as executor; that he was a son of decedent; that on December 19, 1883, he filed the will together with a petition for its probate and for his appointment as executor thereof, ^but that the probate of such will was being contested and a special administrator was necessary.…
1Opinion of the CourtCoffey, J.
' Applicant is the son of decedent and named in the will offered for probate as executor. He is of legal age and prima facie competent and eligible under the statute: Code Civ. Proc., sec. 1413.
It is suggested that he is not a proper person to take letters by reason of lack of integrity and also “improvidence” (Code Civ. Proc., sec. 1369, subd. 4) ; but this is not established; it is “not proven”; and, in view of that, the court has no discretion to deny this application.
Granted.
In Appointing a Special Administrator, the court must give preference to the person entitled to letters…
2Cases cited8 opinions
- Brundage v. Union Trust Co.California Supreme Court · 1904
- In re Estate of CarmodyCalifornia Supreme Court · 1891
- In re Estate of NewmanCalifornia Supreme Court · 1899
- Stuers v. CloughCalifornia Supreme Court · 1894
- Estate of Ohm v. JudgeCalifornia Supreme Court · 1889
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