Reports of Decisions in Probate Volume 3 (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated.1909 Excerpt: ... Sections of the codes relating to the same subject matter are to be read together in order to ascertain the intention of the legislature: Taylor v. Palmer, 31 Cal. 244. Application of public administrator granted. A Person Nominating Another for Appointment as Administrator must himself be competent to fill the office, except that a surviving husband or wife has an absolute right to nominate a fit person to serve in his or her stead. It follows that a nonresident father or brother of a decedent is not entitled to nominate an administrator of his estate; but that a surviving spouse, though incompetent to act as administrator because of nonresidence, is entitled to nominate some person competent for the position: Estate of McDougal, 1 Cof. Pro. DecJ 109, and note; Estate of Bedell, ante, p. 78; 1 Boss on Probata Law and Practice, 341. INDEX TO THE NOTES. Account of Executor. conclusiveness and relief, 70. Ademption of Legacies. definition of ademption, 403. by advancement to testator's children, 404. by advancement to strangers, 408. by whom and to whom made, 408. for a particular purpose, 407. requisites for ademption by advancement to children, 408. persons in loco parentis, 409. bequests of residue, 410. time when advancement made, 411. devises of real estate, 412. pro tanto ademption, 413. burden of proof, 413. admissibility of parol evidence, 413. strength of presumption, 414. intention of testator, 414. books of account as evidence, 415. specific legacies, testator's intention, 415. etocks, shares and bonds, 418. by exchange, investment and conversion, 418. mortgages, 421. insurance policies, 422. articles of partnership, 422. acquisition, 422. alienation, 422. bequest of proceeds, 423. change in subject of bequest, 424. change to deposit in bank, 424. ...