In re Estate of Piercy

Edward M. Piercy and Mrs. Jane Martel, son and daughter, respectively, of decedent, ask the appointment of the Central Trust Company as administrator of the estate of their deceased mother, and oppose the application of their only surviving brother, Andrew J. Piercy, on the grounds of incompetency under the statute, section 1369, Code of Civil Procedure, by reason of drunkenness, improvidence and want of understanding and integrity.

The precise language of the pertinent part of the statute is: No person is competent or entitled to serve as administrator or administratrix who is adjudged by the court incompetent to execute the duties of the court by reason of drunkenness, improvidence, or want of understanding or integrity.

These conditions of incompetency must exist at the time of the trial or application; or, at- least, some of them must be established.

It is clear, as counsel for the trust company concedes, that in the absence of evidence satisfactory to the court of the incompetency of Andrew J. Piercy he will be entitled, upon the present proceedings, to have letters of administration issued to him; but while counsel contends that there is testimony tending to prove all the…