Weekly journal-miner. [volume] (Prescott, Ariz.) 1908-1929, 1912-09-25
(From Thursdays Daily

handed down by Superior Judge +.
o. Smith over the right to admin
lister upon the estate OF Nancy MUIR
ray. deceased, just prior to his de-
parture Tuesday afternoon for Co
chise county. The opinion Is i'm
portant in that 1t establishes a rule
of probate law, and sustains the
initial Vincent decision by Judge
Hicks. which case wound its circu-
tous route through practically >"
the courts OF Arizona. Perforee. a.
sooner or later. the opinion will
affect a great many people, the full
text is herewith given:
In the Superior Court Of Yavapai
County. State OF Arizona.
In the matter OF the estate OF
Nancy Murray. deceased.
Order admitting will to probate
and denying appointment of exec
utor.
The petition OF J. NJ. w. Moore
heretofore filed herein praying for
the admission to probate of the last
will and testament OF Nancy Muir
ray, deceased. and that letters tes-
tamentary be issued TO said petit
toner, came regularly on to be
heard on August II. 1912.
II being proved to the satisfaction
OF the court that notice had been
given as required by law to all per-
sons interested of the time ap-
pointed for proving said will and
for hearing said petition, the court
proceeds to examine said petitioner.
J. NJ. w. Moore. and the matter
was thcrcupon submitted to the
court for decision. And the ties.
timony of said petitioner having been
reduced TO writing and filed herein,
and the court having considered the
matter, finds; that said instrument
filed herein is the last will and
testament Of the said Nancy Mu.
deceased: that it was executed in All
respects as required by law and dur.
ing the lifetime OF the said Nancy
Murray, deceased that the said
Nancy Murray died on or about
the 18th day OF March, 1909, at tho
county of Yavapai. Territory of Ari
iona, now the State OF Arizona
that at said time said Nancy Muir
ray was an actual bona fide resident
of Yavapai county. Territory o,
Arizona; that at the date OF III,
execution of said will the said
Nancy Murray was over the ag,
OF Fl years and was Of sound mint
and disposing memory and no,
acting under duress. menace, fraud
undue influence or misrepresenta
ton. And no objections being filed
, il is
4 Ordered. that the said instrumen
! in writing heretofore filed herein
purporting to be the last will AM
testament OF Nancy Murray. dc
ceased, be and the same is hereb.
admitted to probate as the last viii
, and testament OF said Nancy Muir
: ray, deceased. And il further ap
{ bearing from the petition hereiI
: and from the testimony that tn
l said Nancy Murray, deceased. LEI
I no estate outside OF Arizona an
+ no estate outside OF Yavapai count,
- Arizona: and il further appearin
& from the petition and from the ties
4 timony that the only estate a
c legged to be left by the said Name
J. Murray is an alleged communit
), interest in certain real estate
c Yavapai county. Arizona. the title {
n which is in the surviving husban
81 said Nancy Murray, decease'
the court denies the appointment
an executor for the purpose OF az
= ministering upon said eommunii
estate, il being the opinion OF n
court that under the law the cou
n cannot appoint an executor Say
A. fos the purpose OF administering
l. estate Of which the court has ju
e. isdiction. The Superior Court. wh'
ID considering probate matters. sits
in probate court and has the san
Of jurisdiction and only the jurisd'
Mt ton which the probate courts OF q
Of Territory OF Arizona had. The pr
en- bate court OF Yavapai county. NJ
d. zona, held in the matter OF the
ds tate OF Elizabeth Vincent, decease
in that probate courts Of the Terrific
p OF Arizona have special and III
n tied jurisdiction; that in cases whe
he the only interest OF the deceased
ir. an alleged community interest
It, property the possession Of and ~
Ill ord title to which is in the surv