ESTATE OF MARY MURPHY.
No. 8595--Aug. 19, 1878
GRANT OF LETTERS OF ADMINISSTRATION.--NON-RESIDENT EXECUTOR has no right to nominate administrator.
In case of a will, the Court has discretion as to appointee; and, there being no valid reason against it, prefers to appoint a public officer, who
is more subject to the Courtís control as to deposit of funds, than a private person.
Construing sections, C. C. P., 1365-9, 1379.
R. H. Lloyd, for Public Administrator.
J. F. Sullivan, for executor.
Testator was a resident of New
York.† His will was admitted to probate
there, and an exemplified copy presented and admitted here.† The executor, also a resident of
The Public Administrator contested the right of the executorís nominee, and petitioned for letters to himself, as his absolute right.
By the COURT:† Neither of the petitioners has an absolute
right to letters.† Under Sec. 1379, the
Court has the discretion of granting letters to such applicant as it may
select.† In this case the Court will, in
the exercise of its discretion, grant letters to the Public Administrator.† He is a public officer, and is more
immediately under the orders of the Court, requiring the deposit of funds in
Transcribed by Pat Seabolt.
© 2007 Pat Seabolt.
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