ESTATE OF A.
H. ROBIE.
No. 8815--Jan. 9, 1879.
LETTERS OF ADMINISTRATION.--PERSONS ENTITLED.--As
against the Public Administrator, under section 1365, C. C. P., the
nominee of a widow.
Though she be a non-resident, is entitled to the preference in the issuance of
letters as a matter of right, the
Court having no discretion in the
premises.
Construing
sections, C. C. P., 1365-69.
Greathouse & Blanding, for J. B. Haggin.
R. H. Lloyd, for Public Administrator.
Deceased, a resident of Idaho, died
intestate, leaving some $33,000 in this city and county. His widow and children are residents of
By the COURT: Under Sec. 1365, C. C. P., the nominee of the
widow is entitled to letters before the Public Administrator, even if the widow
be a non-resident. He has, by virtue of
her nomination, a place in the list. Haggin, being a resident, and having the widow’s
nomination, is entitled to letters. Sec.
1379 does not apply to a case like the present, but to cases where the party is
not of right entitled. Under Sec. 1365,
there is no discretion, but a right.
Sec. 1365 is not affected by Sec. 1369, because the nominee has as much
a place in the list as if he were placed there as No. 2; and the non-residence
of the husband or wife does not at all effect his or
her right to make the nomination. By no
other construction can Sec. 1365 have any effect whatever.
Transcribed
by Pat Seabolt.
© 2007 Pat Seabolt.
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