are clearly and distinctly proved by at least two credible witnesses. To be certified, and letters granted. 1340. (§ 39.) When a lost will is established, the provisions thereof must be distinctly stated and certi- recorded, fied by the Probate Judge, under his hand and the thereon seal of his Court, and the certificate, together with the testimony upon which it is founded, must be filed and recorded as other wills are filed and recorded, and letters testamentary or of administration with the will annexed, must be issued thereon, in the same manner as upon wills produced and duly proved. Court to injurious restrain acts of or administrators during proto prove ceedings 1341. (§ 40.) If, before or during the pendency of an application to prove a lost or destroyed will, letters of administration are granted on the estate of executors the testator, or letters testamentary of any previous will of the testator are granted, the Court may restrain the administrators or executors, so appointed, from any acts or proceedings which would be injurious to the legatees or devisees claiming under the lost or destroyed will. lost will. ARTICLE VI. THE PROBATE OF NUNCUPATIVE WILLS. SECTION 1344. Nuncupative wills, when and how admitted to probate. 1345. Additional requirements in probate of nuncupative wills. 1346. Contests and appointments to conform to provisions as to other wills. 1344. (8.) Nuncupative wills may at any time, within six months after the testamentary words are spoken by the decedent, be admitted to probate, on petition and notice as provided in Article I, Chapter II of this Title. The petition, in addition to the jurisdictional facts, must allege that the testamentary words or the substance thereof were reduced to writing Additional requirements in probate of nuncupative wills. Contests and ap to conform to provis within thirty days after they were spoken, which writing must accompany the petition. 1345. (§ 9.) The Probate Court must not receive or entertain a petition for the probate of a nuncupative will, until the lapse of fourteen days from the death of the testator, nor must such petition at any time be acted on unless the testamentary words are, or their substance is, reduced to writing and filed with the petition, nor until the surviving husband, or wife' (if any), and all other persons resident in the State or county, interested in the estate, are notified as hereinbefore provided. 1346. Contests of the probate of nuncupative wills pointments and appointments of executors and administrators of the estate devised thereby must be had, conducted, and made as herein before provided in cases of the probate of written wills. ions as to other wills. CHAPTER III. OF EXECUTORS AND ADMINISTRATORS, THEIR LETTERS, ARTICLE I. LETTERS TESTAMENTARY AND OF ADMINISTRATION, II. FORM OF LETTERS. III. LETTERS OF ADMINISTRATION, TO WHOM, AND THE ORDER IN WHICH THEY ARE GRANTED. IV. PETITION AND CONTEST FOR THEREON. LETTERS, AND ACTION V. REVOCATION OF LETTERS AND PROCEEDINGS THEREFOR VI. OATHS AND BONDS OF EXECUTORS AND ADMINISTRATORS. VII. SPECIAL ADMINISTRATORS AND THEIR POWERS AND DUTIES. VIII. WILLS FOUND AFTER LETTERS OF ADMINISTRATION GRANTED. IX. DISQUALIFICATION OF JUDGES AND TRANSFERS OF AD MINISTRATION. X. REMOVALS AND SUSPENSIONS IN CERTAIN CASES. ARTICLE I. LETTERS TESTAMENTARY AND OF ADMINISTRATION, WITH THE WILL SECTION 1349. To whom letters on proved will to issue. 1350. Who are incompetent as executors or administrators. 1351. Interested parties may file objections. 1352. Unmarried woman, executrix or administratrix, mar- may be executrix, but not administratrix. 1353. Executor of an executor. 1354. Letters of administration durante minore ætate. 1355. Acts of a portion of executors valid. 1356. Authority of administrators with will annexed. Let- 1349. (§ 41.) The Court admitting a will to probate, after the same is proved and allowed, must issue letters thereon to the persons named therein as executors, who are competent to discharge the trust, who must appear and qualify, unless objection is made, as provided in Section 1351. 1350. (§§ 42, 55.) No person is competent to serve as executor who, at the time the will is admitted to probate, is: 1. Under the age of majority; 2. Convicted of an infamous crime; 3. Adjudged by the Court incompetent to execute the duties of the trust by reason of drunkenness, improvidence, or want of understanding or integrity. If the sole executor or all the executors are incompetent, or renounce or fail to apply for letters, or to appear and qualify, letters of administration with the will annexed must be issued. To whom proved will letters on to issue. Who are tent as incompe executors or administrators. Letters, with will annexed, to issue when. parties may file objections. 1351. (§ 43.) Any person interested in a will Interested may file objections in writing, to granting letters testamentary to the persons named as executors, or any of them; and the objections must be heard and de Unmarried woman, executrix or administratrix, marrying, her authority ceases. Executor of an executor. Letters of administration durante minore ætate. Acts of a portion of executors valid. termined by the Court. A petition may, at the same time, be filed for letters of administration, with the will annexed. 1352. (§§ 44, 56.) When an unmarried woman, appointed executrix, marries, her authority is extinguished. When a married woman is named as executrix, she may be appointed and serve in every respect as a feme sole. 1353. (§ 45.) No executor of an executor shall, as such, be authorized to administer on the estate of the first testator, but on the death of the sole or surviving executor of any last will, letters of administration with the will annexed, of the estate of the first testator, left unadministered, must be issued. 1354. (§ 46.) Where a person absent from the State, or a minor is named executor-if there is another executor who accepts the trust and qualifiesthe latter may have letters testamentary and administer the estate until the return of the absentee or the majority of the minor, who may then be admitted as joint executor. If there is no other executor, letters of administration, with the will annexed, must be granted; but the Court may, in its discretion, revoke them on the return of the absent executor or the arrival of the minor at the age of majority. 1355. (§ 47.) When all the executors named are not appointed by the Court, those appointed have the same authority to perform all acts and discharge the trust, required by the will, as effectually for every purpose as if all were appointed and should act together; where there are two executors or administrators, the act of one alone shall be effectual, if the other is absent from the State, or laboring under any legal disability from serving, or if he has given his co-executor or coadministrator authority, in writing, to act for both; and where there are more than two executors or administrators, the act of a majority is valid. of admin with will 1356. (§§ 48, 49.) Administrators with the will Authority annexed have the same authority over the estates istrators which executors named in the will would have, and annexed. their acts are as effectual for all purposes. Their let ters must be signed by the Clerk of the Court, and bear the seal thereof. Letters, how issuea. ARTICLE II. FORM OF LETTERS. SECTION 1360. Form of letters testamentary. 1361. Form of letters of administration with the will an- 1362. Form of letters of administration. letters tes tamentary. 1360. (§ 50.) Letters testamentary must be sub- Form of stantially in the following form: State of California, County of. -. The last will of A. B., deceased, a copy of which is hereto annexed, having been proved and recorded in the Probate Court of the County of -, C. D., who is named therein, is hereby appointed executor. Witness, G. H., Clerk of the Probate Court of the County of, with the seal of the Court affixed, the day of, A. D. 18-. (Seal). By order of the Court, G. H., Clerk. letters of tration will 1361. (§ 51.) Letters of administration with the Form of will annexed must be substantially in the following adminisform: State of California, County of. The last with the will of A. B., deceased, a copy of which is hereto annexed. annexed, having been proved and recorded in the Probate Court of the County of, and there being no executor named in the will (or as the case may be), C. D. is hereby appointed administrator with the will annexed. Witness, G. H., Clerk of the Probate Court of the County of, with the seal of the Court |