Note 29 — Chapter V · THE SEMI-JUDICIAL AND ADMINISTRATIVE FUNCTIONS OF THE AUDIENCIA.

As in other cases noted in this and in former chapters, so in the administration of the estates left by intestate decedents the laws seem to have undergone considerable change. In 1526, Charles V ordered that such estates were to be administered under the supervision of the audiencia. In 1550, the place of special juez de difuntos was created in each audiencia, the post to be filled by a magistrate designated by the president. In 1653, Philip IV added to the importance of the office by decreeing that all intestate cases should be administered by a special juez de difuntos, irrespective as to whether the heirs were in Spain, or at the place where the death took place.29 This law provided that if children or descendants were left whose legitimacy was unquestioned, the heirs being in the colony, or if a will legally attested and witnessed were left, the case was to be settled in the ordinary courts. If there were doubt, however, as to the validity of the claims of persons representing themselves as descendants, or if there were no heirs, the case would then be administered by the juez de difuntos. Settlements made by the ordinary justices were not reviewed in the royal audiencia. The authority accorded them frequently afforded pretexts for their intervention in cases which should have been settled by the juez de difuntos, particularly when heirs were left in Spain and in other colonies. A number of disagreements arose over this point, but all doubt was conclusively settled by the cédula of January 31, 1772, which awarded such jurisdiction to the juez de difuntos.30 This was confirmed by the law of September 28, 1797. Foreigners residing outside the dominions were not allowed to inherit property left to them in the colonies, even though they were lineal descendants.31 Heirs or others claiming property left by deceased persons must appear in person, or have others appear for them, properly authorized, and must prove conclusively their rights as heirs or creditors.