This section is from the book "Popular Law Library Vol10 Criminal Law, Criminal Procedure, Wills, Administration", by Albert H. Putney. Also available from Amazon: Popular Law-Dictionary.
The general rule is that all persons who are capable of making wills for themselves are competent to act as executors.18 Lunatics, idiots, and other persons non compos mentis, are incapable of acting as executors or as administrators. If an acting executor or administrator becomes one of these classes, the court will appoint others in the former's place. Poverty or insolvency is not a good cause for refusing the application of an executor for appointment. The court is usually granted a discretionary power, however, to require the giving of bonds. This applies to all executors, regardless of their financial ability.
14 In re Ringot, 124 Cal., 45; Hartnett vs. Wandell, 60 N. Y., 346; Baker vs. Baker, 18 App. Div., 189.
15 Farmers L. & T. Co. vs. Smith, 74 Conn., 625. 16 In re Okam, 7 Ohio, N. P., 665. 17 In re Sultzbach, 5 Ohio, N. P., 218.
 
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