mentioned, the relatives of the deceased being entitled to administer only when they are entitled to succeed to his estate or some portion thereof; and they are, respectively, entitled thereto in the following order: 1. The surviving husband or wife, or some competent person whom he or she may request to have appointed. 2. The children. 3. The father and mother. 4. The brothers and sisters. 5. The grandchildren. 6. The next of kin entitled to share in the distribution of the estate. 7. The public administrator. 8. The creditors. 9. Any person legally competent. If the decedent was a member of a partnership at the time of his decease, the surviving partner must in no case be appointed administrator of his estate. This section shall apply to the relatives of the previously deceased spouse of decedent when entitled to succeed to some portion of the estate under subdivision eight of section one thousand three hundred eighty-six of the Civil Code. -1919-80. 1366. Of several persons claiming and equally entitled to administer, relatives of the whole blood must be preferred to those of the half blood.-1913-567. 1367. When there are several persons equally entitled to administration, the court may grant letters to one or more of them; and when a creditor is claiming letters the court may, in its discretion, at the request of another creditor, grant letters to any other person legally competent. 1368. If any person entitled to administration is a minor or an incompetent person, letters must be granted to his or her guardian, or any other person entitled to letters of administration, in the discretion of the court.--1893-52. 1369. No person is competent or entitled to serve as administrator or administratrix who is: 4. Adjudged by the court, incompetent to execute the duties of the trust by reason of drunkenness, improvidence, or want of understanding or integrity.-1877-112. 1370. A married woman may be appointed administratrix. When an unmarried woman appointed administratrix marries, her authority is not thereby extinguished.-1891-11. ARTICLE IV. Section Petition and Contest for Letters, and Action Thereon. 1371. Petition for letters, made. 1372. Letters of Section how 1377. Grant to any applicant. 1378. What proofs must be made before granting letters of administration, when granted. ters of administration. administration. 1373. Notice of petition for let- 1379. Letters may be granted to others than those entitled. 1380. Request for special notice of proceedings. 1374. Contesting application. 1375. Hearing of application. 1376. Evidence of notice. 1371. Petitions for letters of administration must be in writing, signed by the applicant or his counsel, and filed with the clerk of the court, stating the facts essential to give the court jurisdiction of the case, and when known to the applicant, he must state the names, ages, and residences of the heirs of the decedent, and the value and character of the property. If the jurisdictional facts exist, and are proved at the hearing but are not fully set forth in the petition, the decree or order of administration and subsequent proceedings are not void on account of such want of jurisdictional averments.-1907-313. 1372. Letters of administration may be granted by the court at any time appointed for the hearing of the application, or at any time to which the hearing is continued or postponed.-1880-79. 1373. When a petition praying for letters of administration is filed, the clerk of the court must set the petition for hearing by the court, and give notice thereof by causing notices to be posted in at least three public places in the county, one of which must be at the place where the court is held, containing the name of the decedent, the name of the applicant, and the time at which the application will be heard. Such notice must be given at least ten days before the hearing. The clerk shall cause similar notice to be mailed, postage prepaid, to the heirs of the decedent, named in the petition, at least ten days before the hearing, addressed to them at their respective post office addresses, as set forth in the petition, otherwise at the county seat of the county where the proceedings are pending.-1921-137. 1374. Any person interested may contest the petition, by filing written opposition thereto, on the ground of the incompetency of the applicant, or may assert his own rights to the administration and pray that letters be issued to himself. In the latter case the contestant must file a petition and give the notice required for an original petition, and the court must hear the two petitions together. 1375. On the hearing, it being first proved that notice has been given as herein required, the court must hear the allegations and proofs of the parties, and order the issuing of letters of administration to the party best entitled thereto. 1376. An entry in the minutes of the court, that the required proof was made and notice given, shall be conclusive evidence of the fact of such notice. 1377. Letters of administration must be granted to any applicant, though it appears that there are other persons having better rights to the administration, when such persons fail to appear and claim the issning of letters to themselves. 1378. Before letters of administration are granted on the estate of any person who is represented to have died intestate, the fact of his dying intestate must be proved by the testimony of the applicant or others; and the court may also examine any other person concerning the time, place, and manner of his death, the place of his residence at the time, the value and character of his property, and whether or not the decedent left any will, and may compel any person to attend as a witness for that purpose. 1379. Administration may be granted to one or more competent persons, although not otherwise entitled to the same, at the written request of the person entitled, filed in the court. When the person entitled is a non-resident of the state, affidavits, taken ex parte before any officer authorized by the laws of this state to take acknowledgments and administer oaths out of this state, 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.-1880-113. 1380. At any time after the issuance of letters testamentary or of administration upon the estate of any decedent, any person interested in said estate (including the state controller), whether as heir, devisee, legatee or creditor, or the attorney for any such person may serve upon the executor or administrator (or upon the attorney for the executor or administrator) and file with the clerk of the court wherein administration of such estate is pending, a written request, stating that he desires special notice of any or all of the following mentioned matters, steps or proceedings in the administration of said estate, to wit: 1. Filing of petitions for sales, leases or mortgages of any property of the estate. 2. Filing of accounts. 3. Filing of petitions for distribution. 4. Filing of petitions for partition of any property of the estate. Such request shall state the post-office address of the person making same, and thereafter a brief notice of the filing of any of such petitions or accounts, except petitions for sale of perishable property or other personal property which will incur expense or loss by keeping, shall be addressed to such person making such request, or his attorney, at his stated post-office address, and deposited in the United States post-office with the postage thereon prepaid, within two days after the filing of such petition or account; or personal service of such notices may be made on the person making such request or his attorney, within said two days, and such personal service shall be equivalent to such deposit in the postoffice, and proof of mailing or of personal service must be filed with the clerk before the hearing of such petition or account. If upon the hearing it shall appear to the satisfaction of the court that the said notice has been regularly given, the court shall so find in its order or judgment and such judgment shall be final and conclusive upon all persons.-1919-166. Section ARTICLE V. Revocation of Letters, and Proceedings Therefor. Section 1383. Revocation of letters of ad- 1385. Hearing of petition for reministration. vocation. 1384. When petition filed, cita- 1386. Prior rights of relatives ention to issue. title them to revoke prior letters. 1383. When letters of administration have been granted to any other person than the surviving husband or wife, child, father, mother, brother, or sister of the intestate, any one of them who is competent, or any competent person at the written request of any one of them, may obtain the revocation of the letters, and be entitled to the administration, by presenting to the court a petition praying the revocation, and that letters of administration may be issued to him.-1880-80. 1384. When such petition is filed, the clerk must, in addition to the notice provided in section thirteen hundred and seventy-three, issue a citation to the administrator to appear and answer the same at the time appointed for the hearing.-1873-359. 1385. At the time appointed, the citation having been duly served and returned, the court must proceed to hear the allegations and proofs of the parties; and if the right of the applicant is established, and he is competent, letters of administration must be granted to him, and the letters of the former administrator revoked. 1386. The surviving husband or wife, when letters of administration have been granted to a child, father, brother, or sister of the intestate; or any of such relatives, when letters have been granted to any other of them, may assert his prior right, and obtain letters of administration, and have the letters before granted revoked in the manner prescribed in the three preceding sections. Section ARTICLE VI Oaths and Bonds of Executors and Administrators. Section 1387. Oath of executor or admin- 1397. Petition showing failing istrator. Recording letters. 1388. Bond of executor or administrator. Surety company bond. 1389. Additional bonds of execu- 1390. Conditions of bonds. 1392. Several recoveries may be Must be approved. 1394. Citation and requirements 1395. Right ceases when. 1387. Before letters testamentary or of administration are issued to the executor or administrator, he must take and subscribe an oath before some officer authorized to administer oaths, that he will perform, according to law, the duties of executor or administrator, which oath must be attached to the letters. All letters testamentary and of administration, with the affidavits and certificates thereon, must be forthwith recorded by the clerk of the court having jurisdiction of the estates, with [in] books to be kept by him in his office for that purpose.---1921-111. 1388. Every person to whom letters testamentary or of administration are directed to issue, must, before receiving them, execute a bond to the State of California, with two or more sufficient sureties, to be approved by the superior court, or a judge thereof. In form the bond must be joint and several, and the penalty must not be less that twice the value of the personal property, and twice the probable value of the annual rents, issues and profits of real property belonging to the estate, which values must be ascertained by the superior court, or a judge thereof, by examining on oath the party applying, and any other persons. Where, however, a surety company is authorized by law to furnish such bond, the court in its discretion may fix the amount of the bond given by such surety company at not less than the value of the personal property and the probable value of the annual rents, issues and profits of property belonging to the estate.-1921-113. 1389. The superior court, or a judge thereof, must require an additional bond before a sale of any real estate belonging to an estate is confirmed; but no such additional bond must be required when it satisfactorily appears to the court that the penalty of the bond |