Abrook

This is an appeal by defendants Clara Ellis and George D. Collins from an order denying their motion for a new trial.

Mary Kilroy, a resident of San Francisco, died in London September 6, 1901. At the time of her death she owned and had on deposit in certain banks in San Francisco sums of money aggregating over $15,000. The deceased was generally known by the name of Mary Kilroy, although she was sometimes called Mary Abrook. She left surviving her a husband, John Abrook, and a daughter, Clara Ellis. December 7, 1901, Clara Ellis, through her attorney George D. Collins, filed a petition for special letters of administration, wherein it is alleged that the value and character of the property of the deceased are unknown to the petitioner; that the petitioner is the daughter and the only heir and next of kin of the decedent. The petition was immediately granted, and on the same day, the petitioner having filed a bond in the sum of $1,500, special letters of administration were issued to her. She at once, as such special administratrix, drew from the German Savings and Loan Society and the Hibernia Savings and Loan Society, banking corporations, $13,069.69, and on December 10, 1901,…