The juez de difuntos was frequently opposed in the exercise of his special jurisdiction by other officials of the colony. Many cases involving these conflicts of jurisdiction were appealed to the Council of the Indies. Among the most frequent were the quarrels which took place between the captain-general and the juez de difuntos over the question of the special military jurisdiction of the latter, and the claim of the juez de difuntos to administer the property of military and galleon officials. For example, on July 6, 1757, the juez appealed to the Council for jurisdiction over the property of a deceased galleon official on the basis of the rights conceded to him by the laws of the Indies; [338] the governor claimed the right to administer this property on the ground that the galleon officials were appointed by him, and that they were held by the laws of the Indies to be under the military jurisdiction. This case was decided in favor of the juez de difuntos, and may be considered as having established a precedent for his subsequent jurisdiction over such cases. [339]
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. [340] 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. [341]