Weekly Trinity journal., 1878-08-24
OUR PROBATE LAWS.

The recent arrest in Sacramento county,
of Troy Dye, Public Administrator,
charged witt melting the murder of a
wealthy man that he might in the due
course OF law obtain letters of admins
tration upon the estate of his victim, has
awakened the press Of this State to dis
cussion OF some OF the features OF our
Probate law, and may lead to thorough
overhauling and radical change, not only
ih the law itself, but in the method of It's
administration. The Record Union goes
so far as to advocate the abolition OF the
office of Public Administrator, and allow
the Probate Court the power to appoint
an administrator in each one of those
cases where under the law the Public
Administrator can assert his claim. -
While we do not 60 so far as our cotem-
pcrary in this regard, we think more dis
cretion should be left with the Court, in
its power TO designate the administrator.
The end of Probate law can be stated in
few words; to see that just claims
against deeedent are paid to see that
the provisions of will are carried out
according to the wishes Of the testator A;
TO see that the property of an estate passes
to its rightiul owners, and to have this
done at the least possible expense to tbs
estate. And, it does not always follow
that the one designated by law is the one
best qualified to do these acts. The Pub
lie Administrator right 20 act comes in
next after that Of the decedent's kindred
entitled to share in the estate, and prior
to that Of n creditor. His claim to ad-
minister will have TO be sustained il he
chooses to assert it, in many Instances
where, il the Court were permitted to ex-
ercise discretion, the interests OF the estate
would be better served by the appoint
ment of another person. Take for in
stance the estate Of a person dying ntes-
tate in Hay Fork, Trinity Center, or
some other place distant from the county
seat. II the Public Administrator re-
sides at this place. as is usually the case,
every journey be s compelled to mako in
order to take proper care of the property
of the estate, to attend to the appraise
ment, sales, ETC.. become charges against
the estate which might be in good part
avoided, if the administrators was n per-
son familiar with the character and value
OK the property, residing close at hand {.
But the Probate Judge has no right to
set aside the claim OF the Public Admi
istratcr, unless he chooses TO wnive it.
A recent amendment to the Probate
Law still further enlarges the powers of
Public Administrators by abridging the
number of those who can apply for letters
upon an intestate estate. BY the amend
nent, no person who is not bona fde
resident of the State can be appointed mn
administrator. In other words the real
parties in interes. must give up the claims
they may have by virtue of their relation
! ship, simply because they are not residents
here at the lime Of making application.
! Doubtless the Legislature was Influenced
by some reason in passing This law, but
what that reason could have been we
confess ourselves totally unable to guess.
1t looks to us as il tho real party interest
ed the party TO whom the residue, or a
portion of the residue of an estate will
come after the liabilities are settled would
be more apt to conduct its administration
economically than one not having such
interests.