Form of letters of adminis tration. affixed, the day of, A. D. 18-. (Seal). By order of the Court, G. H., Clerk. 1362. (§ 71.) Letters of administration must be signed by the Clerk, under the seal of the Court, and substantially in the following form: State of California, County of —. C. D. is hereby appointed administrator of the estate of A. B., deceased. (Seal.) Witness, G. H., Clerk of the Probate Court of the County of with the seal thereof affixed, the day of H., Clerk. A. D. 18. By order of the Court, G. Order of persons administer. ARTICLE III. LETTERS OF ADMINISTRATION, TO WHOM AND THE ORDER IN WHICH THEY ARE GRANTED. SECTION 1365. Order of persons entitled to administer. Partner not to administer. 1366. Preference of persons equally entitled. 1367. In discretion of Court to appoint administrator, when. 1365. (§ 52.) Administration of the estate of a entitled to person dying intestate must be granted to some one or more of the persons hereinafter mentioned, and they are respectively entitled thereto in the following order: 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 or mother; 4. The brothers; 5. The sisters; 6. The grandchildren; 7. The next of kin entitled to share in the distribu tion of the estate; 8. The creditors; 9. The Public Administrator; 10. Any person legally competent. If the decedent was a member of a partnership at the time of his decease, the surviving partner must in no case be appointed administrator of his estate. Partner of persons entitled. 1366. (§ 53.) Of several persons claiming and Preference equally entitled to administer, males must be pre- equally ferred to females, and relatives of the whole to those of the half blood. tion of appoint trator, 1367. (§ 54.) When there are several persons In discreequally entitled to the administration, the Court may Court to grant letters to one or more of them; and when a adminiscreditor is claiming letters the Court may, in its dis- when. cretion, at the request of another creditor, grant letters to any other person legally competent. minor who 1368. (§ 57.) If any person entitled to adminis- When tration is a minor, letters must be granted to his or entitled, her guardian, or any other person entitled to letters of appointed administration, in the discretion of the Court. administrator. 1369. (§ 55.) No person is competent to serve as Who are administrator or administratrix who, when appointed, tent to act is: 1. Under the age of majority; 2. Convicted of an infamous crime; 3. Adjudged by the Court incompetent to execute the duties of the trust by reason of drunkenness, improvidence, or want of understanding or integrity. incompe as administrators. Married woman adminis 1370. (§ 56.) A married woman must not be appointed administratrix. When an unmarried woman not to be appointed administratrix marries, her authority is tratrix. extinguished. Application, how made. When granted. Notice of application ARTICLE IV. PETITION FOR LETTERS, AND ACTION THEREON. SECTION 1371. Applications, how made. 1372. When granted. 1373. Notice of application. 1374. Contesting applications. 1377. Grant to any applicant. 1378. What proofs must be made before granting letters of administration. 1379. Letters may be granted to others than those entitled. 1371. (§ 58.) Petitions for letters of administration must be in writing, signed by the applicant or his counsel, and filed with the Clerk of the Court, stating the facts essential to give the Court jurisdiction of the case, and when known to the applicant, he must state the names, ages, and residence of the heirs of the decedent, and the value and character of the property. If the jurisdictional facts existed, but are not fully set forth in the petition, and are afterwards proved in the course of administration, the decree or order of administration and subsequent proceedings are not void on account of such want of jurisdictional averments. 1372. (§ 59.) Letters of administration may be granted at a regular term of the Court, or at a special term appointed by the Judge for the hearing of the application. 1373. (§ 60.) When a petition praying for letters of administration is filed, the Clerk must give notice thereof by causing notices to be posted in at least three public places in the county, one of which must be at the place where the Court is held, containing the name of the decedent, the name of the applicant, and the term of the Court at which the application will be heard. Such notice must be given at least ten days before the hearing. application 1374. (§ 61.) Any person interested may contest Contesting the petition, by filing written opposition thereto, on the ground of the incompetency of the applicant, or may assert his own rights to the administration and pray that letters be issued to himself. In the latter case the contestant must file a petition and give the notice required for an original petition, and the Court must hear the two petitions together. application 1375. (§ 62.) On the hearing, it being first proved Hearing of that notice has been given as herein required, the Court must hear the allegations and proofs of the parties, and order the issuing of letters of administration to the party best entitled thereto. of notice. 1376. (§ 63.) An entry in the minutes of the Evidence Court, that the required proof was made and notice given, shall be conclusive evidence of the fact of such notice. to any 1377. (§ 64.) Letters of administration must be Grant granted to any applicant, though it appears that there applicant. are other persons having better rights to the administration, when such persons fail to appear and claim the issuing of letters to themselves. What proofs must be made before letters of adminis tration. 1378. (§ 65.) Before letters of administration are granted on the estate of any person who is represented to have died intestate, the fact of his dying intestate granting must be proved by the testimony, of the applicant or others; and the Court may also examine any other person concerning the time, place, and manner of his death, the place of his residence at the time, the value and character of his property, and whether or not the decedent left any will, and may compel any person to attend as a witness for that purpose. Letters may be granted to others than those entitled. 1379. (§ 66.) Administration may be granted to one or more competent persons, although not entitled to the same, at the written request of the person entitled, filed in the Court. When the person entitled is a non-resident of the State, affidavits or depositions, taken ex parte before any officer authorized by the laws of this State to take acknowledgments and administer oaths out of this State, may be received as primary evidence of the identity of the party, if free from suspicion, and the fact is established to the satisfaction of the Court. Revocation of letters of administration. When petition filed, citation to issue. Hearing of petition for ARTICLE V. REVOCATION OF LETTERS AND PROCEEDINGS THEREFOR. SECTION 1383. Revocation of letters of administration. 1384. When petition filed, citation to issue. 1385. Hearing of petition for revocation. 1386. Prior rights of relatives entitles them to revoke prior letters. 1383. (§ 67.) When letters of administration have been granted to any person other than the surviving husband or wife, child, father, mother, brother, or sister of the intestate, any one of them may obtain the revocation of the letters and be entitled to the administration, by presenting to the Probate Court a petition praying the revocation, and that letters of administration may be issued to him. 1384. (§ 68.) 'When such petition is filed, the Clerk must issue a citation to the administrator to appear and answer the same on some day of a regular term of the Court, or a special term appointed by the Court or Judge for the hearing thereof. 1385. (§ 69.) At the time appointed, the citation revocation. having been duly served and returned, the Court must proceed to hear the allegations and proofs of the par |