In re Estate of Pacheco (1863) · DecisionDepot

In re Estate of Pacheco

Name: California Superior Court Tentative Rulings
Creator: DecisionDepot
License: https://creativecommons.org/licenses/by-nc/4.0/

California Supreme Court Jul 1, 1863Published

Before: Crocker

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Holding. The court held that the applicants were entitled to the revocation of the existing administrator's letters and to be appointed as administrators, as they met the statutory requirements and were not disqualified under the Probate Act.

Issues

Whether the appellants have an absolute statutory right to have the current administrator's letters revoked and to be appointed in his place.
Whether the applicants were disqualified from serving as administrators under the Probate Act.

Disposition. reversed

Quotations verified verbatim against the opinion

“Under the admissions and evidence in this case, we think it clear that both the applicants are entitled to be appointed to administer upon the estate.”

Synopsis

When letters of administration have been granted to any other person than the surviving husband or wife, the child, father, mother, or brother of the intestate, and either of the persons occupying that relation to the deceased, present a petition to the Probate Court to have the letters of administration revoked, and to be appointed in place of the incumbent, it is the duty of the Probate Court to make the revocation, and appoint the petitioner, if he or she be competent to perform the duties of the trust.

The word “ competent,” as used in the sixty-ninth section of the Probate Act, and applied to a surviving husband, or wife, child, father, mother, or brother, means, not addicted to drunkenness, not imprudent, or wanting in integrity or understanding.

Crocker, J. delivered the opinion of the Court—Norton, J. concurring.

Juana Sanchez de Pacheco died in 1853, leaving a last will and testament, appointing therein two executors, who administered upon the estate until their letters were revoked on account of mismanagement of the estate, and the respondent in this proceeding, Emeric, was duly appointed administrator, with the will annexed. Some time after the appointment, several of the children and grandchildren of the deceased, and who are the appellants herein, united in a petition praying that Emeric be removed from the administration of the estate, and that one of their number, Rosa Pacheco de Sibrian, [479]and one Penniman, be appointed in his place, on the ground that he was not entitled to the position by any relationship to the deceased or interest in the estate; that his appointment was not requested by any of the children of the intestate; and other objections are urged in the petition filed by the appellants. The application was heard by the Court, who found the following facts: “ That the estate of Juana Sanchez de Pacheco is one of great value, to wit: of the value of at least $100,000; that the acts of the present administrator in all respects meet the approval of this Court; that the petitioner, Rosa Pacheco de Sibrian, is wholly incompetent to perform the duties that would be devolved upon her as administratrix of said estate, and the applicant, Penniman, is a trespasser upon the property of the estate, and is a very improper person to be intrusted with an estate to the prosperity of which he is shown to be in interest opposed. The Court therefore, now, on this ninth day of December, denies said petition with costs against said applicant.” From this judgment the applicants appeal.

The first point urged by the appellants is, that they have an absolute, unqualified, personal statutory right to have the appointment of the respondent revoked; and second, that they have the same right to have the applicants for letters appointed to administer upon said estate. One ground of objection to the continuance in office of the present administrator is, that the estate consists of a large tract of land, which has never been partitioned between the heirs; that several of the heirs are and have been for several years residing upon and occupying portions of the land, and that he has brought several suits against them to eject them therefrom, and to recover large sums for back rents, when he has means of the estate in his hands more than sufficient to pay all liabilities against the estate.

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Sec. 67 of the Probate Act provides, that “ when letters of administration have been granted to any other person than the surviving husband, or wife, the child, the father, mother, or brother of the intestate, any one of them may obtain the revocation of the letters by presenting to the Probate Court a petitiofi praying the revocation, and that letters of administration be issued to him or her.” The next section provides for issuing a citation to the [480]administrator, and Sec. 69 is as follows: “At the time appointed, the citation having been duly served and returned, the Court shall proceed to hear the allegations and proofs of the parties; and if the right of the applicant is established, and he or she be competent, letters of administration shall be granted to the applicant, and the letters of the former administrator be revoked.” The appellants contend that the incompetency referred to in this section must come within the disqualifications prescribed in Sec. 55 of the same act, which was amended in 1861, as follows : “ Eo person shall be entitled to letters of administration who shall be, first, under the age of majority; or, second, who shall have been convicted of any infamous crime; or, third, who upon proof shall be adjudged by the Court incompetent to execute the duties of the trust by reason of drunkenness, imprudence, or want of integrity or understanding.” (Stat. 1861, 632.) On the trial, it was admitted that one of the applicants, Rosa Pacheco de Sibrian, cannot read, write, or speak the English language; that she cannot read or write the Spanish; that she is sixty-nine years old, a Californian by birth, and a daughter of the intestate. It is not claimed that the other applicant, Penniman, is subject to any of the disqualifications mentioned in Sec. 55, nor is the other applicant properly included therein. The fact of her great age, and that she cannot read or write, and cannot speak English, do not show any want of understanding within the statute. It is true, they may render it difficult for her to perform some of her duties properly, yet they do not render it impossible.

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