Note 35 — Chapter V · THE SEMI-JUDICIAL AND ADMINISTRATIVE FUNCTIONS OF THE AUDIENCIA.

It would appear, then, that the oidor detailed as juez de difuntos had jurisdiction over cases of intestacy, over the settlement of property when no heirs were apparent, or when there was doubt as to the existence of heirs, and in cases where the designated testamentary donees were outside the colony. The ordinary justices administered estates in two capacities, namely, when testaments were to be executed, the heirs being present, or when they acted as agents for the juez de difuntos. The latter was privileged to call upon the corregidores, alcaldes mayores, and other ordinary justices to execute provisions in the provinces, and these officials were obliged, when so designated, to settle estates subject to the supervision of the juez.35