Rees v. Title Insurance & Trust Co.

California Court of Appeal Dec 6, 1922 No. Civ. No. 4056.Published

Before: Works

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Holding. The court held that the probate court did not abuse its discretion in appointing the nominee of the decedent's widow as general administrator, as the widow or her nominee possessed a statutory right to the appointment despite her adverse claims to estate property.

Issues

Whether the probate court abused its discretion in appointing the widow's nominee as general administrator.
Whether the widow's adverse claim to estate property disqualified her or her nominee from serving as administrator.
Whether the doctrine of election of remedies precluded the widow from seeking administration.

Disposition. affirmed

Quotations verified verbatim against the opinion

“The statute gave the absolute right to letters to Mary L. Rees or to her nominee”

“The fact that Mary L. Rees claimed an interest adverse to the estate did not disqualify her or her nominee to act as administrator nor deprive her or her nominee of the right to act as such.”

“The discretion reposed in a probate court under the decision in Estate of Daughaday is not as to the person who shall be named as administrator, but as to whether an administrator shall be named at all.”

WORKS, J.

This is an appeal by Llewellyn Rees from an order appointing Title Insurance and Trust Company the general administrator of the estate of Lewis Rees, deceased. The determination of the appeal is involved in a somewhat complex chronology of the events leading up to the order from which the appeal is taken. On September 3, 1919, Lewis Rees executed to Mary L. Rees, his wife, a deed conveying certain of his real property; on September 17,

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1919, he executed to her an instrument of like character conveying other, and apparently the remainder, of his real property; on September 19, 1919, the deed of September 17th was placed of record; on March 2, 1920, Lewis Bees died intestate; on June 17, 1920, Llewellyn Bees and John H. Bees, sons of decedent, filed their petition for special letters of administration in the matter of -their father’s estate and on the same day the petition was granted; on June 24, 1920, the special administrators commenced an action against Mary L. Bees to cancel the deed of September 17, 1919, and summons was served on the defendant on the day the complaint was filed; on June 25, 1920, Mary L. Bees placed of record the deed of September 3, 1919; on June 29, 1920, the special administrators commenced an action against Mary L. Bees for the purpose of canceling the last-mentioned deed; on June 30, 1920, Llewellyn Bees filed his petition for general letters of administration in the matter of his father’s estate; on September 1, 1920, Mary L. Bees filed written objection to the granting of the petition of Llewellyn Bees, the ground of objection being that, as Lewis Bees in his lifetime had conveyed all his property to her, he left no estate to be administered upon; on June 8 to 17, 1921, the two actions to cancel the deeds, having been consolidated by stipulation, were tried together; on June 22, 1921, Title Insurance and Trust Company, as the nominee of Mary L. Bees, filed its petition for general letters of administration in the matter of the estate of Lewis Bees, deceased; on July 18, 1921, Llewellyn Bees filed his contest in opposition to the granting of letters to Title Insurance and Trust Company; on August 16, 1921, the trial court rendered its judgment canceling the deeds of September 3 and 17, 1919; on August 23, 1921, Llewellyn Bees filed his amended contest opposing the granting of letters to Title Insurance and Trust Company; on August 31, 1921, Mary L. Bees filed her notice of intention to move for a new trial of the two actions for cancellation; on November 1, 1921, the petitions of both Llewellyn Bees and Title Insurance and Trust Company for general letters of administration came on for hearing and the court made its order appointing Title Insurance and Trust Company and denying the petition of Llewellyn Bees. It is from this order that the present appeal is prosecuted.

Rees v. Title Insurance & Trust Co.

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WORKS, J.

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