California, United States of America
The following excerpt is from Estate of Cummings, 100 Cal.Rptr. 809, 23 Cal.App.3d 617 (Cal. App. 1972):
The fact that a person nominated in a will as an executor has an [23 Cal.App.3d 625] interest adverse to the estate does not in and of itself disqualify him for appointment as an administrator with the will annexed when the estate is left without a representative prior to completion of the administration. (Cf. Estate of Daigh, Supra, 59 Cal.2d 367, 368--369, 29 Cal.Rptr. 273, 379 P.2d 761, and cases cited.) In order to disqualify a person from acting as a representative of an estate due to a conflict of interest, his claim to property of the estate must be without sufficient reason or his conduct must evince a lack of integrity. (Gross v. Needham (1960) 184 Cal.App.2d 446, 462--463, 7 Cal.Rptr. 664.) It also has been held that the simple fact that one named as an executor in a will owes money to the testator does not disqualify him from serving
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