Page:United States Statutes at Large Volume 47 Part 1.djvu/1055

 72d C ONGRESS. SESS. II. CH. 127 . FEBRUARY 27, 1933 . 2. The children. 3. The father and mother. 4. The brothers and sisters. 5. The grandchildren. 6. The next of kin en title d to share in the di strib ution of the estate. 7. The publi c adm inist rator. 8. The creditors. 9. Any person legally competent. If the decedent was a member of a partnership at the ti me of his decease, the surviving partner must in no case be appointed administrator of his estate. Th is se ction shal l app ly to - the re la- tives of the previously deceased spouse of decedent when entitled to suc cee d to so me po rti on of the estate und er subdivision 8 of section 402 of the Civil Code. SEC. 710. RELATIVES OF WHOLE BLOOD PREFERRED TO HALF BLOOD.- Relatives of whole Of several persons claiming and equally entitled to administer, blood to pref- relatives of the whole blood must be preferred to those of the half blood. SE C. 711. IN DI SCR ET ION OF COURT TO APP OI NT ADMINISTRATOR, Discretion in court WHEN.-Wh en th ere are se veral pers ons e quall y ent itled to the egtuhaIIrespect t panties administration, the court may grant letters to one or more of them ; and when a creditor is claiming letters the court may, in its dis- cretion, at the request of another creditor, grant letters to any other perso n leg ally compe tent. SEC. 71 2. WHEN MINOR OR INCOMPETENT ENTIT LED, WHO APPOINTED When minor or in. ADMINISTRATOR .-If any person entitled to administration is a minor, competent entitled . or an incompetent person, letters must be granted to his or her guardian, or any other person ent it led to letters of administration, in the discretion of the court. SEC. 713. WHO ARE INCOMPETENT TO ACT AS ADMINISTRATORS .-No Fey ons incompetent person is competent or entitled to serve as administrator or admin- istratrix who is 1. Under the age of majority. 2. Not a bona fide resid ent of the C anal Zone. 3. Convicted of an infamous crime. 4. Adjudged by the court incompetent to execute the duties of the trust by reason of drunkenness, improvidence, or want of under stand ing or int egrit y. SEC. 714. MAR RIED WOMAN MAY BE ADMINISTRATRIx .-A married Married woman as wo man may be appointed administratrix. When an unmarried admmistratria . woman appointed administratrix marries, her authority is not thereby extinguished. PETITION AND CONTEST FOR LETTERS AND ACTION THEREON Letters and thereon. SEC. 715 . PETI TION FOR L ETTER S, HOW MAD E .- Petit ions for l etter s of administration mu st be in writing, signed by the applicant or his counsel, and filed with the clerk of the court, stating the facts essential to gi ve the cou rt jurisdiction of the case, and wh en known to the applicant, he must state the names, ages, and residences of the heirs of the decedent, and the va lue and character of the property . If the jurisdictional facts exist, and are proved at the hearing but are not fully set forth in the petition, the decree or order of administration and subsequent proceedings are not void on account of such want of jurisdictional averments. SEC. 716 . LETTE RS OF ADMINISTRATION, W HEN GRANTED .-Letters of administration may be granted by the co urt at any ti me appointed Petition for. Granting of. 1031 action i I