Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1890-03-29
BAU2UIER'S ESTATE.
A DECISION THAT MAY AFFECT ITS
FINAL DISTRIBUTION.
Other Cases Decided by Judge Van Flee,
Yesterday-The Eagle Winery
Trademark Suit.

In Department Two of the Superior
Court yesterday Judge Van Fleet delivered
three opinions from the bench, which are
OF local interest and general importance.
The cases We're those of the contest of the
petition of Mary c. Rode for letters of ad-
ministration on the estate of her father,
the late Joseph Bauquier; of NJ. S. Nevis vs.
NJ. j. q J. L. Azsvedo and of F. J. Moore
VS.. D. W Earl, all of which had been re-
Gently tried, argued and submitted. In his
decision in the Bauquier case Judge Van
Fleet said:
This is a contest as to the appointment OF the
party named in the will, Mary c. Rode 10 scr
as executriX of the will of the deceased. Joseph
Bauquler died in November last, and left will
in which he appointed his daughter, Mary G.
Rode, the eXecutriX The contest is made
under section 1871 of the Code of Civil Procad-
ure, which provides that certain parties may
contest the appointment OF the party named s,S
executor in the will, upon the various grounds
enumerated in section 1850 The objections
raised here fall generally under the third srL
DIVISION OF that section, which provides that no
person IS competent to serve as executor who
al the time the will IS admitted to probate IL
third, adjudged by the Court incompetent to
execute the duties of the trust by reason of
drunkenness, improVidence or want of under
standing or integrity"
The general allegations in the opposition TO
the appointment OF the eXecutrix in this in
stance are that, subsequent to the time nj tba
making OF the VIII by the decedeut she lived
alone with him in his house and exerteJ ir7an
ence over MIN and procured him, by undue in
huence, misrepresentation aud faisehoOd-in
reference TO other members of his familv-tn
make TO her conveyance OF a large mart nj hiS
estate. should Judge from the general state
ment as TO the value OF the estate thar II
amounted TO about two-thirds of il. n annea rs
that the decedent made his viii on -epfember
lith. He had been, some time prior TO thai
time, injured. and from the time of his iniIIry
was failing; he was in miserable health About
the time that the viii was made he was taE en
70 ms ped. lie was still able to be around a
B oul was weak and miserable physically
by the viii he divided his property equally
among MS TOUR children, naming them After
that time and between then and the date nj his
death-some time in November-these various
conVeyances and transfers of property were
MADE TO the petitioner. She was as I have
suggested, living with him in his house At
VarloLS times. while she was living with him
alone, these conveyanceS and transfers were
made, under circumstances which, tits charged,
involved the use of undue influence upcn MIN
by his daughter
The only question is whether there sra facts
shown which, in the Judgment of the law,
renders THIS petitioner incompetent to admin
lister upon this estate. l have had occasion in
the matters OF two different estates prior to this
the estate OF Bryte and the estate of Carmody
to examine into this subject very thorouphIv
Ihey were cases strikiugly similar in their gen.
erai features TO this. | arrived at the concIu-
sion III those cases, after very careful eXami-
nation o. the law, that where it appears from
the evidence that subsequently to the execution
OF the Will facts had tTanspired which i'm their
nature would tend TO place the proposed exec
uior or eXecutrlX in an attitude of hostility snd
antagonlSm 10 the other heirs of the estate thst
lmphed!y, under the law. it raised a want of
conpe ehcy as contemplated by Section 1850 of
the Code OF Civil Procedure.
l freely state here that there was nothing an.
pearlng IN the evidence to indicate a want of
moral soundness in the petitioner but in my
Judgment the use OF the word integrity in that
section has a broader significance than that
Whch IS ordinarily attached TO that term. |
ma that webster IN his definition OF that word,
gives II significance which would operate to
prevent THIS petitioner from receiving the an
polntment 10 execute this trust Webster saws
IN ms definition of integrity. freedom from
every Dlaslng or corrupting influence or motive
used especially with reference to dealings be-
tween men IN the fultillment OF contracts, the
ulschafge OF agencies, trusts, and the like. up-
Tghtness. i have no dodbt, from the general
features OF our code on this subject and the
power that is vested in the Court to INQUIRE into
the htLess OF parties who are named not only
as executors, but who seek letters of admins
Iatioh, lhat TINS term has betn used by the
Legislature IN Its broRdest sense, so as to enable
the Court IN any case where it appears that by
reason OF the circumstances, there is an autag-
onlsm OF interests between the party named
ana the estate and likely TO be bias or prejudice
on the part OF the party seeking to administer
such trust as TINS in dealing with the estate
ana the helTS, the law raises by implication a
want OF that character of competency which is
contemplated TO entitle one to administer on
the estate, In accordance with these conclu-
SONS, the petition of Mary C. Rode for letters
testamentary viii be denied.