In re Estate of Berg

Decedent testatrix was a single woman, aged about forty-five, a native of Norway, and died in Sonoma county, California, in August, 1908, leaving estate in San Francisco, and leaving a last will and testament in the Norwegian language, entirely written, dated, and signed by her own hand, which, translated, reads as follows.

Mrs. Lyng filed her renunciation of any rights which she might have had as executrix, and requested that the court appoint “Mr. Bacon,” named in said will, as executor.

It will be noticed that in the will no one is directly named as executor. It is claimed in behalf of Dr. Bacon that it appears from the said will that by its terms he was appointed executor according to the tenor of the will.

“Where it appears, by the terms of a will, that it was the intention of the testator, to commit the execution thereof and •the administration of his estate to any person as executor, such person, although not named executor, is entitled to letters testamentary in like manner as if he had been named executor”; Civ. Code, sec. 1371.

The argument of Dr. Bacon’s counsel is that it was the intention of the deceased to commit the administration of her estate to him, and that…