Page:United States Statutes at Large Volume 76A.djvu/681

–585– -585SUBCHAPTER VIII

RESIGNATION, SUSPENSION AND REMOVAL

Sec.

1291. Resignation of executor or administrator and appointment of successor; liability. 1292. Suspension of powers; grounds; citation; notice. 1293. Same; appearance and allegations of interested parties; procedure. 1294. Same; hearing; revocation of letters; compelling attendance and testimony. 1295. Revocation for embezzlement, waste or mismanagement. 1296. Revocation for contempt. 1297. Validity of acts prior to revocation. SUBCHAPTER IX

MISCELLANEOUS PROVISIONS

1321. Acts of remaining executors or administrators where one or more absent or disqualified. 1322. Transcript of court minutes as evidence.

Subchapter I—Appointment of Executors and Administrators With the Will Annexed § 1101. Competency to serve as executor; marriage (a) A person is not competent to serve as executor or executrix who, at the time the will is admitted to probate, is: (1) under the age of majority; (2) convicted of an infamous crime; or (3) adjudged by the court incompetent to execute the duties of the trust by reason of drunkenness, improvidence, or want of understanding or integrity. (b) Marriage does not disqualify a woman from serving as executrix. § 1102. Trust companies as executors A corporation or association authorized to conduct the business of a trust company in the Canal Zone may be appointed to act as an executor, in like manner as an individual. § 1103. Executor indicated but not specifically named When it appears, by the terms of a will, that it was the intention of the testator to commit the execution of the will and the administration of his estate to a person as executor, that person, although not named executor, is entitled to letters testamentary in like manner as if he had been named executor. § 1104. Invalidity of authority given executor to appoint An authority to an executor to appoint an executor is void. § 1105. Absentee or minor named executor; interim appointment When a person absent from the Canal Zone, or a minor, is named executor, and there is another executor who accepts the trust and qualifies, the latter may have letters testamentary and administer the estate until the return of the absentee or the majority of the minor, who may then be admitted as joint executor. If there is no other executor, letters of administration, with the will annexed, shall be granted; but the court may revoke them on the return of the absent executor or the arrival of the minor at the age of majority. § 1106. Executor of an executor; letters with will annexed An executor of an executor may not, as such, be authorized to administer on the estate of the first testator. If an executor is not named in the will, or if the sole executor or all the executors, therein named, are dead or incompetent, or renounce, or fail to apply for letters or to appear and quality, or die after the issuance of letters and before the completion of the administration, letters of administration with the will annexed shall be issued.

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