Estate of JOHN E. CUMMINGS, Deceased. RONALD LYNN CUMMINGS, as Co-administrator With the Will Annexed, etc., et al., Petitioners and Respondents, v. D. P. COVERT, Petitioner and Appellant

Holding

The court held that a prior resignation as executor does not create a permanent bar to subsequent appointment as an administrator with the will annexed; that a potential conflict of interest arising from a personal debt owed to the estate is not an automatic disqualification for such an appointment; and that the statutory priority for appointment granted to a child and legatee of the testator under Probate Code sections 409 and 422 must be respected absent a showing of an irreconcilable conflict or lack of integrity.