The record-union., 1891-01-16

agreed to, and, on motion of Mr.. Bruner,
| the committee was increased to nineteen;
the Speaker appointing as the four new
members Mccall, Young, Stabler and
| Lacy.
| Recess.
| Afternoon Session.
House reassembled Speaker in the
chair; roll called; quorum present.
RESOLUTIONS.
By Mr.. Dibble-That each member OF
the Assembly be allowed S25 for contin-
gent expenses, and that the Controller
draw his warrants according, deducting
such amount as may have been drawn in
the way OF stationery. Adopted.
GENERAL FILE.
| A. B. %, to amend Section 1465 of the
Code of Civil Procedure. Read second
time, clerical amendments made and or
dered engrossed.
CONTINUATION OF ADMINISTRATIONS.
4. B. 81, adding Section 1910 to the Code
of Civil Procedure, relative to the contin-
uation of administration Of estates of de-
ceased persons. Read a second time.
Mr.. Shanahan-I move to amend line
6, Section !, by striking out zone or
more" and inserting 'all.'
Mr.. Dibble-As / understand the bill. [
do not think the amendment wise. Its
object seems to be accomplished by an
other part of the bill, which provides
that the order the executor and one or
more OF those interested may petition for
shall not be made without the consent of
all the legatees.
Mr. Clark object to both the amend
ment and the BILL because seeking by
| legislation to vary the terms OF a mans
| viii, which do not think the Legislature
! has power to do.
! Mr. Sbopaban-T do NOT +l,o -
vision named by Mr.. Dibble in the bill.
| Without the amendment, the bill gives
| opportunity to the attorney for an estate.
acting with one 1egatee, to continue the
administration of an estate long after il
should be settled. 1 think it very dan
gerous law in any event.
Mr.. Reniro-Might not the administra-
ton of an estate be made perfect un-
der such a law? / would like infornla-
! ton as 10 that.
Mr.. Dibble-My objection to the amend
ment offered was based on a statement as
to the bill made to me in committee. |
| find the statement was erroneous. and
withdraw my objection.
The amendment was adopted.
| Mr.. Could move that lines II, Is and
! IA, Section l, be stricken out. and these
words substituted: '.Said petition and
notice thereof shall be served on all per-
SONS interested in, the estate in the same
manner that summons in civil actions is
| served" j believe such an amendment
very important, because, if it becomes a
law, this bill has the effect of absolutely
doing away with the will of the deceased
which should not be allowed without
such notice to all interested, as they would
have in a civil action.
! Mr.. Bert was absent when this bill
! was taken up. 1t seems to me it would
| have been but courteous, inasmuch as /
am its author, to have passed it on the
| file until | was present. But in view of
the amendment to it which has been
made l see no need of the second amend
ment now proposed. As the bill now
stands the matter cannot come before the
court except by petition OF all interested,
and there is no necessity, therefore, of
serving them with summons.
Mr.. Gould-1f the logic of the gentle
man is good there is no need of notice in
any case.
Mr.. Dibble-I think the amendment
wise one, and / am strongly in favor of it.
The amendment was adopted.
Mr.. Clark move that the enacting
clause of the bill be stricken out.
Mr.. Bruner-I do not understand what
reason the gentleman, himself a member
of the committee which considered and
favorably reported this bill, can have tor
that motion. 1t seems to me very
proper bill. The administration on eS-
w IL
celerity, and do exact justice to all, as the
testator thought it should, and the Judges
of the Superior Courts having charge of
probate matters, are best qualified to de-
| eide, after notice given to and petition by
all interested, whether the administration
should be continued
Mr.. Clark will state my reasons for
the motion. | suggested in the Judiciary
Committee when the bill was considered
| that it absolutely negatived the will of
any testatOr who wished his estate closed
! in a certain time, and without any benefit
| to anyone. Now, if the Legislature can
interfere with the terms OF a will to this
extent, 1t can vary it in any way, and
am opposed to it. think it uncalled for
and unnecessary. If there is anything a
| man ought to have right to do without
interference, it is to make his own WILL
Mr.. Barnett of San Francisco-This bill
was considered good one by the Judici-
ary Committee. There are occasions when
the administration of an estate should not,
in justice to the devisees, be closed at the
time contemplated by the decedent
hope the motion will not prevail.
Mr.. Bert-This measure was very care
I fully considered by the Judiciary Com
mittee. If members will examine it they
will see that all interested must unite i'll
petition before the court can extend the
time of administration. Laymen are apt
to have peculiar ideas about courts and
the time when the administration on
estates should be closed, and this bill was
drawn to reInedya defect now existing in
the law by which great injustice is done
in the settlement of an estate amounting
to hundreds of thousands, where the tes-
tator by his will required such
settlement to be made in an unreasonably
short time. The bill was suggested fy
Judge Coffey, of San Francisco. and no
one will question the justice of any meas
ure sanctioned by him. As the law now