State ex rel. Litchman v. Superior Court

Quaere: May the superior court refuse to appoint a surviving spouse as administrator of the community estate because (a) the surviving spouse, though mentally capable, labors under a serious physical handicap; (b) difficult problems will be presented in the determination of *613what is community and what is separate property; and (c) there exists a basis for controversy between the surviving spouse and a beneficiary under the will?

Answer: No.

Facts Which Raise the Question: Reuben J. Odman died leaving a will in which he appointed Mark Litchman, Jr., as executor. Marjorie Barbara Odman, the…