Beekly v. Bank of America National Trust & Savings Ass'n

MARKS, J. This is an appeal from an order refusing to revoke letters of administration of the estate of Iva Delight Calhoun, deceased, issued to the Bank of America National Trust and Savings Association, and to appoint Easter N. Beekly, the guardian of the person and estate of Sophronia Arminella Cameron, administratrix in its place and stead. We will hereafter refer to the administrator as the “Bank of America”.

Iva Delight Calhoun died intestate in Kern County on January 26, 1937, leaving surviving her as heirs at law, James A. Calhoun, her husband, and Sophronia Arminella Cameron, her mother. On January 30, 1937, these two heirs signed a written nomination of the Bank of America as administrator and requested the Superior Court of Kern County to appoint it as such. On February 5, 1937, the Bank of America filed its petition for letters of administration. On February 18, 1937, the bank was appointed such [708]administrator. It qualified on February 20, 1937, and entered upon the discharge of its duties. In the meantime James A. Calhoun died on February 6, 1937. On June 21, 1937, Easter N. Beekly was appointed guardian of the person and estate of Sophronia Arminella Cameron, an incompetent person.

On July 2, 1937, Easter N. Beekly, as such guardian, filed her petition asking revocation of the letters of administration which had been issued to the Bank of America and asking for her appointment as administratrix of the estate. In addition to the foregoing facts the petition alleged “that the said Saphronia Arminella Cameron was on the said 18th day of February, 1937, incompetent and unable, unassisted, to take care of herself and her property, and at the time of the execution of the said nomination, of which 1 Exhibit A ’ is a copy, did not and was unable to comprehend the nature and purport of the said nomination”.

The Bank of America demurred to this petition and at the same time filed its answer. The demurrer was sustained and the petition was dismissed. This appeal from the order followed.

It is the theory of appellant that the nomination by James A. Calhoun became ineffective at the time of his death, which occurred prior to the time of the appointment of the Bank of America; that the nomination of Sophronia Arminella Cameron was ineffective for any purpose because she was incompetent at the time of its execution which, on demurrer, must be accepted as a fact; that under the provisions of section 422 of the Probate Code, appellant, as guardian of a parent who falls within class four of that section of the code, became entitled to letters of administration as a matter of law over the Bank of America which, without a valid nomination, fell into class ten of that section.