Page:United States Statutes at Large Volume 76A.djvu/683

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–587–

-587(7) the relatives of a previously deceased spouse, when they are entitled to succeed to a portion of the estate pursuant to section

U9 or 550 of this title;

(8) the public administrator; (9) the creditors; and (10) any person legally competent. § 1133. Surviving partner The surviving partner of a decedent may not be appointed administrator of the estate if a person interested in the estate objects to his appointment. § 1134. Relatives of whole blood as preferred Of several persons claiming and equally entitled to administer, relatives of the whole blood shall be preferred to those of the half blood. § 1135. Persons equally entitled to letters; creditors When there are several persons equally entitled to the administration, the court may grant letters to one or more of them; and when a creditor is claiming letters the court, at the request of another creditor, may grant letters to any other person legally competent. § 1136. Minors and incompetents; discretion of court If a person otherwise entitled to administration is a minor, or an incompetent person, letters may be granted, to his or her guardian, or any other person entitled to letters of administration. § 1137. Failure of persons having priority to claim letters Letters of administration shall be granted to any competent applicant, when persons having priority fail to claim letters for themselves. § 1138. Letters to persons other than those entitled Letters of administration may be granted to one or more competent persons, although not otherwise entitled to them, at the written request of the person entitled, filed in the court. When the person entitled is a nonresident of the Canal Zone, affidavits, taken ex parte before an officer authorized by the laws of the Canal Zone to take acknowledgments and administer oaths out of the Canal Zone, may be received as prima facie evidence of the identity of the party, if free from suspicion, and the fact is established to the satisfaction of the court. § 1139. Trust companies as administrators A corporation or association authorized to conduct the business of a trust company in the Canal Zone may be appointed to act as an administrator, in like manner as an individual. Subchapter III—Petition for Letters; Contests § 1161. Form and contents of petition; filing; defects (a) A petition for letters of administration shall be in writing, signed by the applicant or his counsel, and filed with the clerk of the court, and shall state the: (1) jurisdictional facts; (2) names, ages and post-office addresses of the heirs of the decedent, as far as known to the applicant; and (3) character and estimated value of the property of the estate. (b) A defect of form or in the statement of jurisdictional facts actually existing does not make void an order appointing an administrator or any of the subsequent proceedings.