New Mexico state record. (Santa Fe, N.M.) 1914-19??, 1921-10-14
HIGH COURT DECIDES
AGAINST E. J. BUJAC IN
NINE. GARDENER ESTATE

There was no authority for the re-
moyal OF Joseph X. Wilson as the
executor of the estate of Madame Ma
thilde Gardener. and the appointment
in his stead OF f. p. Bujac, the New
Mexico supreme court has held, in
affirming the judgment OF the dis
trict court in Bernalillo county, in
the case OF f. P. Bujac, ct al. ap-
pellants, versus Joseph X. Wilson,
executor, etc, appellee. The opinion
is by Justice Parker, Chief Justice
Roberts and Justice Reynolds concur-
ring. The courts statement OF fast
follows:
Upon a motion to dismiss the ap-
peal we handed down an opinion
concerning which, upon motion Tor
rehearing, we have some doubts. In
view. however, OF the opinion we haze
OF the case, we do not deem it neces-
sary to further discuss this motion,
and will withdraw the opinion and
dispose OF the case upon the merits.
The facts in the cast are that
Madame Gardener died at her resid-
,Ice in albuquerque, on Oct. !, 1918,
leaving 4 last will, in and by which
She appointed Joseph X. Wilson as
executor to serve without bond, and
named her daughter, Bertha Pauchct,
OF Barcelona, Spain, her sole leg
aztec. The will was produced and ill
ed by the executor in the probate
court, together with a petition for the
approval OF the viii and the issuance
to him OF letters tes~tamentary, on
oct. u, 1918. There was no contest
as to the validity OF the will, but the
appellants, on Nov. 30, 1918, together
with Bertha Pauchet, the legatee,
filed amended supplemental objec-
tluons TO the appointment OF Wilson
as executor and prayed that the will
be probated, but that Wilson be net
appointed executor, but that ]. p.
Bujac, creditor, be appointed as ad-
ministrator, with the will annexed,
upon giving ample security as requir-
ed by law.
"On a hearing, the letters testament
tary were issued by the probate court
TO Joseph k. Wilson. From this
judgment OF the probate our the
Directing parties appealed to the dis
trict court of Bernalillo county. Pend
ilS appear lIOli lhN PioDdtS NouiA I
the district court, Bertha Pauchet,
the legatee, dismissed her appeal and
asked that the said Joseph X. VIII
son be allowed to continue to admin
lister the estate, and opposed the APP
ro,ht.!ent OF sad Bujac as admins
traitor with the will annexed. The
district court, on Nov. %, 1919, found
that the said Joseph X. Wilson was
qualified to act as executor and that
letters te~stamentary had been duly
issued to him by the probate court
and that the said Bujac was not en-
titled to appointment as administra-
tor OF the said estate. From this
judgment OF the district court this
appeal is prosecuted.
Judgment OF the court below al
firmed."
The syllabus of the court holds:
Il. Sections 2222, 2223, 2242 and
2244, code of 1915, interpreted and
held that the residence required of
a person to entitle him to qualify
as an executor is nothing more than
actual residence.
-. Aside from the common law
doctrine which excludes idiots and
the desire OF the testator is
a controlling factor in determining
the right to administer an estate, and
II is only statutory disqualiiications
which may operate to defeat such