time of his death; or, (4) in the county in which any part of the estate may be, the decedent not being a resident of the State, and not leaving estate in the county in which he died; or, (5) in all other cases, in the county where application for letters is first made.

When the estate of the decedent is in more than one county, he having died out of the State, and not having been a resident thereof at the time of his death, or being such non-resident, and dying within the State, and not leaving estate in the county where he died, the Superior Court of that county in which application is first made for letters testamentary or of administration has exclusive jurisdiction of the settlement of the estate.

Code of Civil Procedure, Sections 1294, 1295.

Section 1037.-PROOF OF WILL.-Any person having a will in his possession must produce and deliver it to the Superior Court, or the executor named in the will, within thirty days after he receives information that the maker is dead; and if he fails to do this he will be responsible for all damages sustained by any one thereby.

Code of Civil Procedure, Section 1298.

Section 1038.-WHO MAY PETITION FOR PROBATE OF WILL.-Any executor, devisee, or legatee named in any will, or any other person interested in the estate, may, at any time after the death of the testator, petition the Superior Court to have the will proved. Code of Civil Procedure, Section 1299.

Section 1039.-WHEN EXECUTOR FORFEITS RIGHT TO LETTERS.-If the person named in a will as executor wilfully fails, for thirty days after he has knowledge of the death of the testator and that he is named as executor, to petition the proper court for the probate of the will, he will forfeit his rights as executor under the will. Code of Civil Procedure, Section 1301.

Section 1040.-EXECUTOR MAY DECLINE TO ACT.-An executor named in a will may decline to act, by filing a written notice that he renounces his appointment and declines to act as such, at the same time that he files the will.

Section 1041.-PROOF OF WILL.-When a will is presented for probate, the Superior Court will hear the proofs and issue a certificate of probate. The persons who signed the will as witnesses are examined as to their knowledge of its execution, and to show that it is really the will of the testator.

When one of the witnesses to a will is examined, and the others are dead or insane, or their residence unknown, other testimony, of the handwriting of the testator, and other circumstances, will be taken sufficient to prove that the instrument produced is really the last will and testament of the deceased.

If all the witnesses to the will are dead, or insane, or not residing in the county, the Court will allow the will to be proved by other evidence the handwriting of the testator, the surrounding circumstances, the handwriting of the subscribing witnesses, etc.

Code of Civil Procedure, Section 1315.

When a will is presented which is all in the handwriting of the testator, an olographic will, it will be proved by the testimony of persons who know his handwriting.

Section 1042.-RECORDING WILL.-The will and a certificate of the proof thereof must be filed and recorded by the clerk of the court.

Code of Civil Procedure, Section 1318.

Section 1043.-PROOF OF LOST OR DESTROYED WILL.-The Superior Court has power to take proof of a will, although the paper itself be lost or destroyed. no will can be proved as a lost or destroyed will, unless the

proof shows that the will was in existence at the time of the death of the testator, or was fraudulently or by public calamity destroyed in his life-time; provided, if the testator be committed to any state hospital for the insane, and after such commitment his will is destroyed by public calamity, and the testator is never restored to competency, then after his death the will may be probated as though it were in existence at the time of his death. The provisions of a lost or destroyed will must be clearly and distinctly proved by at least two credible witnesses.

Code of Civil Procedure, Section 1339.

Section 1044.-PROOF OF FOREIGN WILL.-Wills probated in any other State or Territory of the United States, or in any foreign country or state, are admitted to probate in this State on the production of a copy and the original record of probate in another country.

Section 1045.-LETTERS TESTAMENTARY.-After probate of a will, letters testamentary will be granted to the persons therein named as executors. If there are two or more executors named in the will, and some decline to act, letters will be granted to those who remain.

Any person interested in a will may file objections in writing to the granting of letters testamentary to any of the persons named as executors, and the objections will be heard and determined by the court.

If the executor named in the will be a minor or absent from the State, letters will be granted to some other person, who will hold the trust until the executor named in the will becomes of age or returns to the State. If two executors are named in the will, and one of them is a minor or absent from the State, the one who can qualify will act as executor alone until such time as the other becomes of age or returns to the State. The latter will then have the right to act as joint executor.

Code of Civil Procedure, Sections 1349, 1354, 1355.

Section 1046.-REVOCATION OF LETTERS.-If an executor or administrator becomes of unsound mind, or is convicted of felony or infamous crime, or becomes a habitual drunkard, or mismanages or wastes the estate, he will be removed by the Superior Court and another will be appointed in his place.

Section 1047.-MARRIED WOMAN OR CORPORATION MAY ACT.-A married woman may act as executrix of a will, or as administratrix of an estate.

A corporation may act as executor or administrator, if authorized by its articles of incorporation so to do.

Code of Civil Procedure, Sections 1348, 1350, 1352.

Section 1048.-LETTERS OF ADMINISTRATION. If a person dies without making a will, the Superior Court will grant letters of administration of his estate. If a person dies leaving a will, but the will does not name any executor, the court will appoint an administrator, called an "administrator with the will annexed," who will have power to carry out the provisions of the will in the same manner as he would if named in the will.

Section 1049.-WHO ARE ENTITLED TO LETTERS OF ADMINISTRATION.-The persons entitled to letters of administration are as follows:

(1) The surviving husband or wife, or some competent person whom he or she may request to have appointed; (2) The children;

(3) The father and mother;

(4) The brothers;

(5) The sisters;

(6) The grandchildren;

(7) The next of kin entitled to share in the distribution

of the estate;

(8) The public administrator;

(9) The creditors;

(10) Any person legally competent.

If the deceased was a member of a partnership at the time of his death, the surviving partner cannot be appointed administrator of the estate.

Act of the Legislature, in effect May 18, 1907.

Section

1050.-WHO

ARE INCOMPETENT TO ACT AS EXECUTOR OR ADMINISTRATOR.—A person may be entitled to letters of administration, as provided in the preceding section, and at the same time be incompetent for personal reasons. For the law provides that in the following cases the persons otherwise entitled must not be appointed: (1) When the person is under the age of majority; or, (2) has been convicted of an infamous crime; or, (3) when he is adjudged by the court incompetent to execute the duties of the trust by reason of drunkenness, improvidence, or want of understanding or integrity.

Code of Civil Procedure, Sections 1350, 1369.

Section 1051.—OATH OF EXECUTOR OR ADMINISTRATOR.-The executor or administrator must take and subscribe an oath, that he will perform, according to law, the duties of his trust. This oath is in writing and is recorded by the clerk of the court with the letters of administration.

Code of Civil Procedure, Section 1387.

Section 1052.-BOND OF EXECUTOR OR ADMINISTRATOR.-Executors or administrators in the State of California must give a bond, for the faithful discharge of their duties, in an amount equal to twice the value of the personal property belonging to the estate, and twice the probable value of the rents, profits, and issues of the real property. The court ascertains these values by examining on oath the party applying for letters, or any other person. The bond must be signed by two or more sureties, to be approved by the judge of the court.

Code of Civil Procedure, Section 1388.