Bujac v. Wilson
New Mexico Supreme Court
Appeal from District Court, Bernalillo County; Hickey, Judge. Proceedings for the appointment of Joseph R. Wilson, as executor of the will of A. M. J. Cardoner, deceased, opposed by E. P. Bujac and others. A judgment of the probate court finding Joseph R. Wilson qualified to act was affirmed on appeal to the district court, and objectors appeal.
1ConcurrenceRoberts, C. J.
(concurring.) While agreeing that the judgment in this case on the .merits should be affirmed, I am unable to give assent to the view of the law as expressed in the majority opinion. As I understand this opinion, it is to the effect that the residence necessary to qualify an executor is simply actual residence or presence within the state at the time application for appointment is made. If by actual residence it is meant to hold that the person must at the time of applying for letters be a bona fide resident of the state, I would give ready assent to that. But the majority opinion, as I read…
2Cases cited5 opinions
- Stevens v. LarwillMissouri Court of Appeals · 1904
- San Pedro, Los Angeles & Salt Lake Railroad v. BaileyNevada Supreme Court · 1909
- In re MulfordIllinois Supreme Court · 1905
- Pells v. SnellIllinois Supreme Court · 1889
- Child v. GratiotIllinois Supreme Court · 1866