Note 47 — Chapter V · THE SEMI-JUDICIAL AND ADMINISTRATIVE FUNCTIONS OF THE AUDIENCIA.

Probably the most notable case of conflict between the civil and military jurisdictions and one which involved the juez de difuntos occurred at the time of the death of the lieutenant-governor and king’s lieutenant, Pedro Sarrio. The latter had left his property by will to his brother, the Marqués de Algorja, a resident of Alicante. He had appointed a resident of Manila as executor. The governor claimed that the right to administer the property belonged to the executor. The juez de difuntos, on the ground that Sarrio had left heirs in Spain, contended that the funds should be administered by him, as the executor did not have authority to transmit the property to Spain. This case was carried to the Council of the Indies; no record appears of its ultimate solution, but it is illustrative of the commonly accepted principle that the juez de difuntos should have authority over the administration of all property which had to be transmitted to Spain for distribution among heirs.47 The governor’s contention against it was based on the fact that Sarrio was a military official. As we have already seen, the law of August 29, 1798, authorized the settlement of the property of soldiers by special military courts.48