Page:United States Statutes at Large Volume 76A.djvu/682

–586– -586§ 1107. Objections to letters t e s t a m e n t a r y; petition for letters with will annexed; issuance of letters A person interested in an estate or will may file objections in writing to granting letters testamentary to the persons named as executors^ or any of them, and may, at the same time, file a petition for letters of administration with the will annexed. The court shall hear and determine the objections so filed. If an objection is not made, the court, when admitting a will to probate, shall issue letters thereon to the persons named therein as executors who are competent to discharge the trust and who have not renounced their right to letters. § 1108. Failure to appoint all named executors When all the executors named in a will are not appointed by the court, those appointed have the same authority to act in every respect as effectually as all would have if appointed. § 1109. Powers before g r a n t of letters A person has no power as an executor, until he qualifies, except that, before letters are issued, he may pay fimeral charges and take necessary measures for the preservation of the estate. § 1110. Priority of appointment of administrators with will annexed Persons are entitled to appointment as administrators with the will annexed in the same order of priority as in the appointment of administrators of intestate estates, except that, as to foreign wills, a person who is interested in the will has priority over one who is not. § 1111. Authority of administrators with will annexed; discretionary power Administrators with the will annexed have the same authority over the estates that executors named in the will would have, and their acts are as effectual for all purposes; but if a power or authority conferred upon an executor is discretionary, and is not conferred by law, it is not conferred upon an administrator with the will annexed. Subchapter II—Appointment of Administrators § 1131. Competency to serve as a d m i n i s t r a to r; marriage (a) A person is not competent to serve as administrator or administratrix who: (1) is not a bona fide resident of the Canal Zone; and (2) does not have the qualifications required of an executor or executrix. (b) Marriage does not disqualify a woman from serving as administratrix. § 1132. Persons entitled to l e t t e r s; order of priority Administration of the estate of a person dying intestate shall be granted to one or more of the persons hereinafter mentioned, the relatives of the deceased being entitled to administer only when they are entitled to succeed to his estate or a portion thereof; and they are, respectively, entitled to letters in the lollowing order: (1) the surviving spouse, or a competent person whom he or she requests to have appointed; (2) the children; (3) the grandchildren; (4) the parents; (5) the brothers and sisters; (6) the next of kin entitled to share in the estate;

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