Two parties, Ferdinand de Luca, as agent and attorney in fact of the “ Commune de Lavagna,” of Italy, a legatee of the deceased, and John Dawson, who was agent of the deceased prior to-his death, have appealed from a judgment appointing Mrs. Commagere, a married woman'and the sister and a legatee of the deceased, dative testamentary executrix.
Their main ground of objection is her alleged disqualification as a married woman not separated in property. They contend that article-25 of the Code disqualifies women for any civil functions except those which the law specially declares them capable of exercising, and that articles 1663, 1664, 1678 and 1679 (R. C. C.) do not specially declare a married woman capable of exercising the functions of dative testamentary executrix.
It is provided in article 1664 that a married woman may accept the testamentary executorship with the consent of her husband. The
We think tho judge a quo did not err in giving the preference to the appellee.
Judgment affirmed.
Rehearing refused.